Legal Question in Workers Comp in North Carolina

Injured 1 yr ago, still experiencing problems but moved from area

I was injured in a fall one year ago. After about 6 months, MRI was finally done to show herniated disc in L4/L5. Previously seen only by primary clinic doctors with PT. Since referred to ortho who after several requests ordered MRI and referred me to spine specialist. Spine doc recommended steriod injections with other option of surgery. I have not seen positive results from either in others so I did not opt for either. Having done some research I came across Laser Spine Institute and wonder how to be referred to such. Also, I do not have attorney and due to job had to relocate over summer. How do I get legal assistance since I am no longer in area? I had talked with two attorneys previously who were not willing to take case feeling that insurance was doing as they are required. I suffer from pain down my right leg into foot, numbness, constant pain in lower back and buttocks, frequent (almost nightly) muscle spasms/severe cramping in right calf into foot where I cannot stand on my leg or get relief for anywhere from 10 minutes to hours.

Occurred in North Carolina but now living in NV.

Any suggestions?

Thanks for your time.


Asked on 10/08/07, 4:55 pm

2 Answers from Attorneys
Stephen Camak Lennon, Camak & Bertics, PLLC

Re: Injured 1 yr ago, still experiencing problems but moved from area

First, make sure you have filed a claim with the NC Industrial Commission via Form 18 within two years of your date of injury.

Second, wc carrier on risk for the employer at time of injury needs to provide treatment for you where ever you are located.

Third, I had a client have a very good result with Laser Spine Institute, I think in Tampa. FL. Get the authorized treating physician to make a "by name" referral to this facility and ask wc carrier to pay for the evaluation. It costs less than traditional surgery as I recall, so they should be all for it.

Fourth, continue consulting with experienced attorneys the more affect the injury has on your health and wage earning capacity.

Go to NCIC website for more info, including Form 18 and Bulletin. Good luck!

S. Neal Camak

Lennon & Camak, PLLC

Raleigh, NC

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Answered on 10/10/07, 9:44 am
Jim Herbe Black & Lobello

Re: Injured 1 yr ago, still experiencing problems but moved from area

If your fall occurred in North Carolina, that is the state where you would have to pursue your claim. Nevada worker's compensation law only covers industrial actions that occurred within the state.

I would recommend that you contact local North Carolina counsel. If you are having problems locating an attorney contact the North Carolina State Bar directly as every state has a lawyer referral service.

Best Regards,

Jim Herbe

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Answered on 10/08/07, 5:25 pm


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