Legal Question in Workers Comp in North Carolina

Re: second opinion

1. Under the law, you have the right to a second opinion. However, this is usually exercised once you have reached maximum medical improvement from your condition under the care of your original physician. Moreover, the carrier will likely tell you that it is limited to a second opinion only as to the amount of permanent partial impairment associated with your injury, if any (ie., 2%, 5%, 10%, etc.). Fortunately, most second opinion doctors have a hard time just giving someone an opinion on % impairment to a particular body part.

2. If the case is accepted, the carrier can direct medical treatment. This does not prevent you, however, from, at any time, filing a Motion for Additional Medical Treatment, Change of Medical Providers, General Second Opinion, etc., with the Industrial Commission (directed to Executive Secretary's office).

3. Unless you can get the carrier to agree otherwise, or get the Industrial Commission to order otherwise, you may be stuck with current providers and their opinions for awhile. If so, you will be left with trying to follow their suggestions. If you return to work, and are unable to work due to your injury, you need to return to the doctor ASAP and advise him/her of the same and see what they recommend next.

4. Be sure to go on-line at the NC Industrial Commisison website and download a Bulletin, Form 18, Form 33, Form 25T, Form 25P, Form 18M, and Form 28U. Execute and file the Form 18 ASAP with the Industrial Commission to get your claim on file (2 year time limit from date of injury). Use Form 33 to request hearing if carrier becomes abusive. Use Forms 25T and 25P for travel and prescription reimbursement. Use Form 18M to keep right to additional medical treatment going after finally released from medical care. Use Form 28U if a trial return to work is not successful. 18M and 28U will need doctor signatures to be most effective.

5. The above is only meant to be general information. There are other forms and specific information available on IC website you may need or may find helpful. To get to IC website, you can use our link at ncdisability.com. Ombudsman's Office at IC can also discuss issues with you as needed by telephone.

Good luck!