Legal Question in Workers Comp in North Carolina

can I get Workers Compensation ?

I have been working as an auto tech for about 8 years. My left shoulder has been bugging me a little over the years. On December of 2007 I went to see a doctor, because my shoulder was really starting to hurt a lot more. Well I had to have major rotator cuff surgery. on 2/21/08, doctor told me it could be February 2009 till I may have full use again and I should find another line of work. When I had the surgery I didn't know if I could claim workers compensation or not. Is it to late? or can I claim it at all? any help would be great.

Thank you and God Bless.


Asked on 4/30/08, 4:42 pm

1 Answer from Attorneys
George Lennon Lennon, Camak & Bertics, PLLC

Re: can I get Workers Compensation ?

You may be able to establish an occupational disease if your doctor is of the opinion:

1. That your shoulder problem was more likely than not caused, at least in part, by your job duties;

2. That your employment put you at increased risk of developing this disease than members of the general public not so employed; and

3. That you have been disabled from pre injury work at pre injury wages as a result of the condition.

Once you are advised by the doctor of the likely work related nature of the symptoms, you must promptly file a Form 18 with the NC Industrial Commission. Claims like yours usually require a hearing. Get an attorney ASAP. You can follow the links at www.ncworkcomp.com to contact the Industrial Commission. Good luck! George

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Answered on 4/30/08, 5:35 pm


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