If your condition changes or becomes worse after an order or settlement awarding benefits is made, you can apply to the NC Industrial Commission for additional benefits—within a certain amount of time. Raleigh workers’ comp lawyers at Brent Adams & Associates commonly help injured workers receive additional compensation when their work injuries or illnesses worsen over time.
The North Carolina courts define “substantial change” as a change in physical capacity to earn wages different from that existing when the previous award was made. The primary factor used to determine whether a change of condition has occurred is whether the employee’s physical or mental capacity to earn wages has been affected. This means the claimant’s physical condition could remain the same, but their mental condition could have worsened and affected their earning ability. Brent Adams has a team of paralegals and lawyers dedicated exclusively to North Carolina workers’ comp claims.
IMPORTANT NOTE: There is a time limit! The motion for an increase of workers’ comp benefits based upon a change of condition must be made within two years of the date the last compensation payment was made. The time limit is even shorter for cases where benefits are limited only to medical or healthcare expenses. In these situations, the motion must be filed within one year of the last payment of medical bills.
Information like this and answers to common North Carolina workers’ comp questions are outlined in Brent Adams’ simple-to-understand book How to Get Top Dollars For Your Workers’ Compensation Claim, available for free here.