North Carolina Worker's Compensation - Help For Injured North Carolina Workers

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  1. #1
    Join Date
    Dec 2012
    Posts
    11

    Default Knee Injury With Multiple Surgeries

    I am currently recovering from my second surgery on the same knee, The second surgery was to take out a lot of scar tissue that had formed and was causing my knee to lock and cause a lot of pain from the first surgery. During the first surgery I had no issues with workmens comp and received all of the payments on time and after recovery received a PPD of 5% I accepted it because I had no issues, after a year and half the pain and locking up was causing problems at work so went through the process and was approved for additional medical care including the new surgery which just recently took place, I have received my weekly benefits on time and have not had any issues with medical bills...
    My Question is-I did receive the PPD Check after the first surgery will I receive a second PPD or will workmens Comp offer a Final Settlement or will I have to worry about future issues with my knee, or does the time extend for two more years in case there are more issues with my knee?

    Thanks

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,021

    Default Re: Second Surgery from Same Injury Benefit

    You really need to discuss these issues with a certified work comp atty.
    There is no fee for consultation.
    You need to protect your interests here... that may require the services of atty.

    If you have additional impairment, the 5% and/or money you rec'd would be deducted from any additional PD indemnity, you cannot be more than 100% PD/impaired.

  3. #3
    Join Date
    Dec 2012
    Posts
    11

    Default Re: Second Surgery from Same Injury Benefit

    Ok Thanks for the reply

  4. #4
    Join Date
    Feb 2007
    Location
    Charlotte, NC
    Posts
    2,959

    Default Re: Second Surgery from Same Injury Benefit

    The original 5% PPD was a lowball amount, no doubt assigned by the carrier's choice of doctor. The NC Rating Guidelines suggest a minimum of 10% for knee surgery. After two operations you may be at 15% PPD or more. You have the right to get a second opinion on PPD rating from the doctor of your choice, at carrier expense, when the time comes. It is best to choose that doctor in consulation with a work comp lawyer so that you make the best choice. And in addition, depending on your circumstances at the time, the PPD rating money may not be the best deal for you. You may have more lucrative choices at that time. Here is a paper I wrote for injured workers that explains this decision point:

    http://www.avvo.com/legal-guides/ugc...tm_source=avvo
    Last edited by complwyr; 12-14-2012 at 11:44 AM.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney at Law

  5. #5
    Join Date
    Dec 2012
    Posts
    11

    Default Re: Second Surgery from Same Injury Benefit

    @complwyr- Thanks you have opened my eyes, especially since I have had to have a second "clean up surgery" I will seek a legal advice seems like I have already been swindled out of several thousand dollars because I felt better.
    I just wasnt sure if this surgery was just a continuance of medical coverage or would there be an additional PPD Rating now, I have been fortunate and will be able to return to work at same job with same pay, but wasnt sure how the process would go now that this is the second surgery

  6. #6
    Join Date
    Nov 2012
    Posts
    26

    Default Re: Second Surgery from Same Injury Benefit

    Definatly seek advice from a lawyer. I tried to work with the WC Adjuster and finally I got an attorney. It took one year to the day to get the cervical surgery thanks to the adjuster, I am really having a time with therapy. If they would have agreed to the DR and Surgery sooner, I would be in a lot less pain. Good luck to you, complwyr knows his stuff and will steer you in the right direction.

  7. #7
    Join Date
    Dec 2012
    Posts
    11

    Default Re: Second Surgery from Same Injury Benefit

    I have spoken to an attorney thanks to complwyr and this message board, I have my last scheduled doctor visit on Monday and will be again visiting with my attorney the day after. He has been very informative and answered all of my questions and I def. feel the need for one since I am continuing to have pain and issues with my knee.
    Thanks again complwyr

  8. #8
    Join Date
    Feb 2012
    Posts
    232

    Default Re: Second Surgery from Same Injury Benefit

    Kneebow here,
    I have had the opportunity to visit this website and I must say, I was glad I did. It gives very good information. I hope others will take the time to visit it and learn from it. After reading some of the articles I found it quite helpful. I have found comfort in the information I have obtained from it.

  9. #9
    Join Date
    Feb 2007
    Location
    Charlotte, NC
    Posts
    2,959

    Default Re: Second Surgery from Same Injury Benefit

    Miguel, you or your lawyer probably need to file a Form 18 asserting a "change of condition" in order to preserve your rights. Speak to your lawyer about it.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney at Law

  10. #10
    Join Date
    Dec 2012
    Posts
    11

    Default Re: Second Surgery from Same Injury Benefit

    OK I will, what is the "change of condition" do in preserving rights? is this for future needs?

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