Change in Condition Results in Permanent Benefits
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Under North Carolina's workers' compensation law, once an injured worker returns to work, he or she has two years within which to file a further claim in the event their condition worsens. The two-year period runs from the date the injured employee received their last workers' compensation check.
When an injured worker returns to work after recuperation, all parties hope that the worker will continue to be able to work successfully for the rest of their life. However, the law provides a safety net for the injured worker. This safety net provides that, in the event that the employee's condition worsens and they require further medical care or they become unable to work, further workers' compensation benefits will be payable. However, if the injured employee works successfully for two years after their last workers' compensation payment, in most cases, there could be no further recovery even if the employee's condition worsens after the two-year period. There are some important exceptions to this rule which will allow a worker further benefits even after the two-year period.
The two-year safety net rule is an extremely valuable right possessed by injured workers. The importance of this safety net is demonstrated by the case of Sherrill v. Carolina Cable Contractors, Inc. which was recently decided by the North Carolina Court of Appeals.
In the Sherrill case, the claimant injured his head, neck, and back when he fell from a ladder while working for the defendant. He received a ten percent permanent disability to his lumbar spine for which he was paid by workers' compensation. The claimant was advised to avoid heavy lifting. The claimant returned to work approximately nine months later.
Six months after returning the work, the claimant saw his doctor again for pain that radiated into his right leg. The doctor began treating the claimant for this condition and he filed for additional workers' compensation benefits based upon his change of condition. His doctor changed his restrictions from "avoiding heavy lifting" to "no heavy lifting." As a result of this change of condition, the claimant was placed in a temporary light duty job. The Industrial Commission found that amended restriction reflected a substantial change in the claimant's physical ability to earn wages.
Based upon that finding of fact, the Industrial Commission awarded the claimant full workers' compensation benefits.
The employer appealed.
The Court of Appeals upheld the award. The court noted that the claimant showed that the pain in his back had increased, that he was no longer able to work, that he had been prescribed medications, that he was having trouble sleeping due to his back pain and that he was not able to enjoy fishing and golf like he once had.
The Court of Appeals concluded that, while the changes in the plaintiff's physical condition are arguably not very substantial, their effect has been to render the plaintiff unable to work at all.
If you or a loved one have a question about a workers' compensation case, please contact us by filling out the above form.
For more information on this subject, please refer to our section on Workplace Injuries and Discrimination.