Legal Question in Workers Comp in North Carolina
Knee injury March 2007 Workers Compensation
I have been on light duty since April 2007 with surgery in May 2007 for a torn meniscus. I have not been out of pain since surgery. My surgeon could not explain why I have pain and I was referred to another practice. After an MRI I was diagnosed with a stress injury to my femur. 8 weeks of PT, my knee is still weak and hurts when I stand or walk for extensive periods. My MD say my knee is as good as it will get and I am going for an evaluation. I am concerned about future medical expenses. My company has been very fair to me during this. Any recommendations?
1 Answer from Attorneys
Re: Knee injury March 2007 Workers Compensation
It sounds like you will soon be given a rating (%) and permanent work restrictions. If you return to work, your weekly payments usually end. If you have no job to return to, you continue to get weekly payments until and unless you return to work. Make sure any job you return to is suitable, sustainable employment. If at the same wages or greater, you can take the "rating money" for your permanent injury. Know you have the right to a second opinion on the rating by statute.
You can cover the future medicals issue by having your knee doctor fill out a Form 18M. You fill out the rest of it and mail to the NC Industrial Commission for approval. If approved, you will have lifetime medical for your knee for anything the doctor has written you may need.
Make sure you have filed a claim (via Form 18) with the NC Industrial Commission within 2 years of your date of injury. Also get a Bulletin to learn more about the system and benefits available. You can go to our Links page and get to their site from there. Our site is ncworkcomp.com. Good luck!
S. Neal Camak
Lennon & Camak, PLLC
Raleigh, NC
Bd. Certified Specialist in NC Workers' Compensation Law
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