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delayed injuries covered by workers compSome work injuries in North Carolina aren’t immediately symptomatic. You might not feel pain right away, but that doesn’t mean your injury isn’t serious or related to your job.

While work-related delayed injuries are covered by workers’ comp in North Carolina, getting the benefits you need isn’t easy. The challenge is proving that your injury occurred while you were working and performing your job. Your employer or their workers’ comp provider may question your claim by saying the injury isn’t work-related. That’s why it’s essential to report any accident or discomfort as soon as possible and speak with a workers’ comp attorney if symptoms appear later. With the proper legal assistance, you can seek benefits for medical bills, lost wages, and more.

What Is a Delayed Injury?

A delayed injury doesn’t show symptoms immediately after a traumatic workplace accident or from job-related activities. Pain or other symptoms may take hours, days, or even weeks or months to appear. These injuries can happen from a single event, like a fall, or repetitive movements over time, such as typing. To qualify for workers’ comp benefits, your condition must arise in one of two ways – injury by accident or occupational disease.

Injury by Accident

An injury by accident must arise in the course and scope of your employment (N.C. Gen. Stat. § 972). This means you must show that your injury happened at work because of your job duties or a specific work incident. Proving your injury is work-related is more difficult when symptoms don’t appear immediately after a specific accident. Workers’ compensation insurance companies may question whether your injury happened at work or during your personal time. That’s why reporting any workplace accident as soon as it happens is crucial – even if you don’t feel hurt. You should also seek medical treatment right away. If symptoms show up later, don’t wait to speak with an experienced workers’ compensation attorney.

Occupational Disease

NC workers’ compensation laws also sometimes entitle workers to benefits for occupational diseases and conditions that develop over time. However, you must prove that your job duties or environment both 1) caused your injury and 2) put you at increased risk of developing the condition compared to the general public (N.C. Gen. Stat. § 97-53; Rutledge v. Tultex Kings Yarn, 308 N.C. 85, 93, 301 S.E.2d 359, 365 (1983) and Booker v. Duke Univ. Med. Ctr., 297 N.C. 458, 471-72, 256 S.E.2d 189, 198 (1979)).

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Examples of Delayed Injuries

Delayed injuries from work come in many forms. Some common examples in North Carolina include:

  • Traumatic brain injuries (TBIs) – A blow to the head doesn’t always cause immediate symptoms. Hours or days later, a worker might experience headaches, dizziness, memory problems, or sensitivity to light. TBIs can result from falls, being struck by machinery or equipment, or on-the-job vehicle collisions.
  • Spinal cord injuries – Damage to the spine may not be apparent right away, especially if swelling or nerve issues develop slowly. Symptoms like numbness, weakness, or pain in the back, legs, or arms may appear over time. These injuries are often the result of heavy lifting, slips, or falls.
  • Repetitive stress injuries (RSIs) – These occupational diseases develop gradually from repeating the same motion over and over. Carpal tunnel syndrome, tendinitis, and bursitis are common examples. RSIs often affect workers who regularly type, lift, or use power tools. Symptoms like pain or stiffness may worsen with time.
  • Hearing loss – Long-term exposure to loud machinery or tools can lead to gradual hearing loss. Because it develops slowly, many workers don’t realize there’s a problem until their ability to hear is substantially compromised.
  • Whiplash and neck injuries – These injuries are common in vehicle-related work accidents or falls. Pain, stiffness, and limited range of motion may not set in until hours or days after the initial incident.
  • Internal injuries – A blow to the abdomen or chest might not seem serious at first. But internal bleeding or organ damage can worsen over time. These injuries may show up later with symptoms like nausea, swelling, or severe pain.
  • Joint injuries – Damage to knee, shoulder, or hip joints may seem minor at first but can develop into serious problems if left untreated. Workers may notice swelling, instability, or pain days after the injury occurred.

Delayed Symptoms You Shouldn’t Ignore After a Work Accident

Symptoms of delayed injuries from a work accident can be challenging to recognize. Here are some signs to watch for:

  • Back, neck, and shoulder pain – Pain in these areas may not appear until hours or days after a fall, heavy lifting, or awkward movements. This discomfort is often a sign of muscle strain, herniated discs, or even spinal cord injuries. These conditions may worsen if ignored, leading to long-term mobility issues or chronic pain.
  • Headaches – A headache after a workplace accident might seem minor at first. But it can be a sign of something more serious, such as a traumatic brain injury. Delayed headaches may also point to neck injuries.
  • Abdominal pain – Pain or discomfort in the stomach after a workplace incident is often a red flag for an underlying injury. It may signal internal bleeding or organ damage, especially if a worker suffered a blow to their abdomen. Delayed internal injuries can be life-threatening without quick treatment.
  • Tingling or numbness – These sensations in the arms, legs, hands, or feet may suggest nerve injury, spinal cord injuries, or repetitive strain issues. Workers should not ignore this symptom, as it may point to severe underlying problems.
  • Dizziness or balance issues – Feeling dizzy or off balance after a workplace accident can be a sign of a concussion, inner ear injury, or another neurological issue. These symptoms may come on slowly and should never be brushed off.
  • Swelling or stiffness – Swelling around joints or muscles may indicate soft tissue damage, sprains, or bursitis. Stiffness that worsens over time could point to repetitive stress injuries or joint strain.
  • Vision problems – Blurred or double vision can be a sign of head trauma, including TBIs or eye injuries, especially after a blow to the head or face.

How a North Carolina Workers’ Comp Attorney Can Help

A North Carolina workers’ comp attorney can guide you through every step of your claim, from filing paperwork to appealing denied benefits. They’ll gather medical records, interview witnesses, and work with experts to prove your injury is work-related – even if your symptoms were delayed.

An attorney can also deal directly with the insurance company, push back against unfair denials, and fight for the full benefits you qualify for. Most importantly, working with a lawyer means you don’t need to handle the claims process alone and allows you to stay focused on healing.

How Do Delayed Injuries Affect Workers’ Compensation Claims?

Delayed injuries can make a workers’ compensation claim more complicated. Because symptoms don’t show up right away, employers and insurance companies may question whether the injury is truly work-related. They might argue that something outside of work caused the problem or that you waited too long to report it. North Carolina law requires you to report a work-related accident to your employer as soon as possible, with some exceptions. If you don’t provide written notice within 30 days, you could possibly lose your chance to claim workers’ compensation benefits (N.C. Gen. Stat. § 9722).

This extra scrutiny can lead to delays, denied claims, or lower settlement offers. The key is to report any workplace accident right away, even if you feel fine at first, and see a doctor as soon as symptoms appear.

Proving Your Delayed Injury Is Work-Related

Proving that any workplace injury is connected to your job can be one of the toughest parts of a workers’ compensation claim. That burden is made even harder when you’re dealing with delayed injuries. That’s why strong evidence is so critical. Here are some key types of evidence that can support your claim:

  • Accident reports – If you reported the incident to your employer, the official accident report can show that something happened at work, even if your symptoms showed up later.
  • Medical records – Detailed notes from your doctor can help connect your symptoms to the original workplace accident or show that the work you do caused the condition. If your physician states that your injury is consistent with your job duties or a specific incident, their testimony strengthens your case.
  • Timeline of symptoms – Keeping track of when symptoms started and how they’ve progressed can help show that your injury developed because of your work. A personal journal can be useful in this regard.
  • Witness statements – Coworkers who saw the accident or can confirm your job duties and physical activities can help support your claim.
  • Work logs – These documents can help show the physical demands of your job, especially if your injury is due to repetitive motion or long-term strain.
  • Expert opinions – In some workers’ compensation cases, medical or occupational experts can explain how your injury likely happened and why it’s tied to your work.
Younce Vtipil Baznik & Banks personal injury law team

Contact Our Workers’ Compensation Lawyers Today

With over 90 years of combined experience, the North Carolina workers’ compensation lawyers at Younce, Vtipil, Baznik & Banks, P.A. understand the severity of delayed injuries. We’ve helped thousands of injured workers obtain their rightful benefits to improve their recovery, including a $2.625 million workers’ compensation settlement.

But what makes us most proud is what our clients say about us. Here’s how one client described their experience with us:

“Very professional. They articulate things in a way you’ll understand, and show empathy and compassion for your situation.” — Russell

Trust our attorneys to protect your interests after a delayed on-the-job injury in North Carolina. Call now or complete our contact form for a free consultation.

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