Call Us 919-240-4054If you’ve been hurt at work and already settled a work injury claim in the past, you might be wondering: Can I file a new claim if I get hurt again? The answer is YES, thanks to a recent decision by the North Carolina Court of Appeals!
Here’s what happened in a recent case:
David Collins worked for Wieland Copper Products and hurt his shoulder back in 2009. His injury was serious, and after some time, they agreed on a settlement in 2014. Collins got a lump sum of $125,000, which was meant to cover all his claims for that shoulder injury.
But then, in November 2020, while working in a new role at the same company, Collins hurt his shoulder again. His job required him to reach and band copper, which made his shoulder problem worse. He needed more medical treatment and even surgery in 2021. Collins filed a claim for the new injury, but his employer, Wieland Copper, denied it. They argued that it was just a continuation of the 2009 injury, and because of the settlement, he couldn’t make a claim for it.
However, Collins didn’t give up. The North Carolina Workers’ Compensation Commission ruled in his favor. They decided that his 2020 injury was something new and different—it wasn’t just a worsening of the old injury. The commission found that this was a new injury, caused by a separate accident at work, and the 2014 settlement didn’t cover it. Under North Carolina law, a settlement can’t waive future claims unless the language in the agreement specifically says so.
Wieland Copper appealed the decision, but the Court of Appeals agreed with the Commission. They ruled that Collins’ 2020 injury was a separate, valid claim. It wasn’t just a continuation of the 2009 injury, and therefore, he was entitled to workers’ compensation benefits for it.
Why This Matters to You
This case is important because it shows that you don’t lose your right to file a new claim if you hurt the same body part again—even if you already settled a previous claim. If you have a new injury, even if it’s to the same body part, you may still be able to get the benefits you deserve. Workers’ comp laws are there to protect you, and this ruling makes it clear that if your injury gets worse or you injure the same part of your body again, you still have a chance to get compensation.
How We Can Help You
If you’ve been hurt at work—whether it’s a new injury or a flare-up of an old one—we’re here to help you get the benefits you deserve. We know workers’ compensation laws can be complicated, and employers or insurance companies don’t always play fair. That’s where we come in. We’ll fight for your rights and help you understand the next steps.
What Should You Do Next?
If you’ve been injured at work, don’t wait—give us a call today for a free consultation. We’ll talk through your case, answer your questions, and help you figure out your options. You don’t have to deal with this alone. We’re here to fight for you, so you can focus on healing and getting back to work.
Remember, if you’ve been hurt—whether it’s a new injury or an old one acting up—you still have rights. Let us help you protect them.