Legal Question in Workers Comp in North Carolina

Re: prexisting condition

Yes, you do have rights. As to the first employer, you may have an open claim if your rating was not paid. Also, if you had a Form 18M approved, you may be entitled to medical care. As to the new employer, aggravation of a preexisting condition is compensible so you may have a new claim for an occupational disease. Get an experienced workers comp attorney ASAP.

Good luck.

Re: prexisting condition

I believe you have a valid claim for each hand, to the extent your job in the plastics plant aggravated or accelerated your bilateral CTS. The injury is the exposure to the harmful repetitive motion. Any permanency rating you may have received 8 years ago will, however, likely be deducted from any recovery you make on this claim.

You need your treating doctor to say your job duties "significantly contributed" to the development of your disease and that your job in the plastics plant places you at "increased risk" of contracting the disease compared to members of the general public not similarly exposed. We usually give potential clients a questionnaire to take to the doctor to answer these questions.

Last, there are time deadlines to file your claim with the North Carolina Industrial Commission once you are told by competent medical authority you have a work-related disease. A link to the NCIC can be found on our site at ncdisability.com. Good luck!

S. Neal Camak

Law Offices of George W. Lennon

Board Certified in NC Workers' Compensation Law

**PLEASE READ: The observations noted above are informational only and not legal advice. All observations apply strictly to NC law. No attorney-client relationship exists between this office and the recipient of this post or email. THANK YOU.**