Wondering if a workers comp claim can be reopened in NC? Read on to find out more information on if and when this can be done. The Bishop Law Firm represented clients in North Carolina and we do not get paid unless you win. Give us a call today for a free case review, (919) 615-3095.
NC
In North Carolina, state law provides medical and wage loss for non-fatal injuries and death for fatal injuries. Medical includes and mileage reimbursement for treatment of your on the job . Lost Wage provide monetary due to your inability to earn wages because of your on the job . This benefit provides based on the physical impairment of the injured body part as well.
There are four types of based in which an may be entitled to receive based on North Carolina Law. The are:
- Temporary total – Temporary total (TTD) are the owed to a NC workers’ recipient when they are unable to work for a period of time that is more than 7 days. If an employee is awarded temporary total , they will get 2/3 of their average weekly wage, not to exceed $992 per week under current law. The who is awarded TTD will also get their medical bills paid for by their employer’s . Generally, a getting TTD will return back to work at the discretion of their treating physician.
- Temporary partial – Temporary partial are for injured workers who are capable of returning to work, but not for the same wages they were working for pre-. In this case, a may be entitled to 2/3 the difference between their pre and post- wages.
- (PPD) are assigned to workers who sustain a permanent and cannot return to the same work because of the . An who gets PPD is assigned a rating by a doctor which is a percentage of to that body part. The amount of for the loss of use of a body part is defined by statute.
- Permanent total – the must show that he/she is totally and permanently disabled from any occupation and thus will receive and his/her weekly for life.
cases settle when the has reached maximum medical improvement. Maximum medical improvement means that the employee's will not improve even with further . Settlements usually include a payment made to the
But, if your has been settled for some time, but now you are experiencing physical difficulties resulting from the same on-the-job , don’t feel alone. Many NC injured workers find themselves in similar situations.
in NC?
In North Carolina, certain types of settlements have a significant and unique feature which can be extremely beneficial to injured workers. According to North Carolina , a can be re-opened if the settlement was not made by a clincher agreement.
Settlement agreements must be approved by the North Carolina Industrial Commission. If you look at your prior WC settlement does it say “ Compromised Settlement ” at the top or was it settled using NCIC Form 21 or Form 26? If you settled under Form 21 or 26, you can reopen if you meet the below time limitations.
Compromised (clincher) settlements are usually only reopened for fraud and other misrepresentations. Clincher agreements are considered to be a "full and final" settlement of your against the employer (their ).
Reopening WC Form 21 and 26 Settlements
North Carolina law states settlement agreements are generally binding on the parties after they have been approved by the Industrial Commission. However, the language contained in N.C. General Statute §97-47 allows for a final award of the Industrial Commission to be re-opened, reviewed, or modified based on a change in the ’s condition. The statute specifically states:
“Upon its own motion or upon the application of any party in interest on the grounds of a change in condition, the Industrial Commission may review any award, and on such review may make an award ending, diminishing, or increasing the previously awarded…but no such review shall be made after two years from the date of the last payment of pursuant to an award under this Article, except that in cases in which only medical or other treatment bills are paid, no such review shall be made after 12 months from the date of the last payment of bills for medical or other treatment, paid pursuant to this Article.”
It is important to understand that the statute has a two (2) year time limitation which requires that these “change of condition” claims be filed within the specified time frame. That means an may re-open a settled case within two years of when the last payment was made. In “medical only” claims, the time limitation is for one (1) year after the last medical bill was paid. Form 18M will need to be filed with the N.C.I.C. to reopen your case.
Reopening a NC can be done, but injured workers must know how their was settled and pay attention to the time limits. If you are an who is considering settlement of your workers’ or have already settled your workers’ based on a impairment rating, and have questions about future , then contact a NC Lawyer.
The Bishop Law Firm represents injured workers in Raleigh, Cary, Fayetteville, Durham, Rocky Mount, Wilson, Smithfield, Louisburg, Chapel Hill, Roanoke Rapids, Greensboro, Winston Salem, Greenville and surrounding areas in North Carolina. We do not get paid unless we win your case and we offer free case reviews by phone, (919) 615-3095.
