Legal Question in Workers Comp in North Carolina
injury at work
I was injured at work in a fight in may 04. I have been going to the workers comp doctor since to treat my left arm. I have pain in the arm and what appears to be a permanant dent in my forearm. My doctor has done every test available to try and diagnose my injury and now (dec 04)has referred me to a decond opinion. My question is how long must I go before I can close this case. I am left handed and my arm becomes painful when I use it. I would like to resign from the place of employment where I was injured and understand that I would loose my coverage on the arm if I do that. I work in a prison and fear another injury.
2 Answers from Attorneys
Re: injury at work
If you have an ACCEPTED workers' compensation claim, medical coverage should continue even if you leave the employment. If, on the other hand, you have been using your medical insurance for treatment the statute of limitations may be running on your comp claim AND your medical insurance might end if you left the employment. Call the Industrial Commission at 1-800-688-8349 to determine the status of your claim. Good luck!
Re: injury at work
You should first make sure you have filed a Form 18 with the North Carolina Industrial Commission (within 2 years from date of injury). NCIC # is (919) 807-2500.
Based on the limited facts given, it is hard to say how you should proceed exactly. I would continue to treat with the treating physician until such time they have declared you to have reached maximum medical improvement (MMI), assigned a permanency rating and released you from care. You may need a referral to pain management clinic. You have right to second opinion. Try not to think of resolving case at least until this point (MMI), so you can thereafter make an educated guess on such issues as the cost of future medical treatment and cost of lost wage earning capacity due to the injury. Have doctor execute (and you file) Form 18M with the Industrial Commission to allow your continued access to medical treatment for your arm even after you have been released from acute care by the doctor. Several ways to settle cases after MMI, depending of case specific factors. Would hesitate to resign without further consultation. Feel free to call at (919) 856-9000 to discuss. Good luck!
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