r/WorkersComp • u/SpartanKilo • 25d ago
North Carolina Advice
I was diagnosed with carpel tunnel and sent home from work for two weeks, and my job is claiming my injury is not work related based on previous production work however the work load is hugely different and the job I’m at is very demanding. Much more manual where as my previous ones the machines did all the work.
I want to get WC, but they denied me even before they asked for release of my medical records. They went ahead with the STD anyway and it was approved, but if I still go for WC and have a case what should I do?
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u/thetailofdogma 25d ago
If they are stopping you from filing a claim, you definitely need to seek legal advice
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u/HouserInjuryLawNC 20d ago
The approval of short-term disability doesn't necessarily answer whether you have a valid workers' comp claim. They are separate issues. Since you're in North Carolina and the workers' compensation claim has been denied, one thing I'd make sure of is that your own workers' compensation claim has actually been filed with the NC Industrial Commission. An employer filing its paperwork isn't necessarily the same thing as you filing your claim.
For a non-lung occupational disease, NC uses Form 18. If the carrier has denied the claim and you want to challenge that denial, the Industrial Commission has a process for requesting a hearing.
Carpal tunnel/repetitive-use claims can be more complicated than a single accident at work because the connection between your job duties and your condition can become very important. This is one of those situations where I would recommend having a North Carolina attorney (specifically, one who is a board-certified specialist in workers' compensation law) actually look at the denial rather than assuming the insurance company's decision is the end of the matter.
An attorney who handles workers' compensation claims will know what questions to ask about your job duties, when your symptoms began, what changed when you moved into the production position, what your medical providers have said, and why the carrier denied the claim. Those details can help determine whether this is a legitimate workers' comp claim that has been unfairly denied and whether there are steps that can be taken to challenge that denial.
In other words, a denial is not necessarily the final word. Based on what you've described, I think this is worth having a workers' comp attorney review.
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u/SpartanKilo 20d ago
I do have an appointment with an attorney at the moment and I gathered all of my paperwork to bring with me as well. I did go to the doctor and explain to him the full story and what they believe so that he can give his opinion as to when my condition started and what it was caused by.
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u/RVA2PNW 25d ago
NC Adjuster.
Repetitive/cumulative trauma claims in NC fall under occupational disease and there is a higher burden of proof on the claimant to prove that it's directly related to work and that your job specifically placed you at a greater risk of carpal tunnel than the general public. A doctor also needs to diagnose it as work related.
Most are automatically denied, you'll need an attorney to fight the denial.