If I Settled A Workers’ Compensation Claim With My Employer For An Injury At Work, Can I File A New Workers’ Compensation Claim For The Same Body Part If I Had Another Accident At Work For The Same Employer?

This issue was recently addressed by the North Carolina Court of Appeals in Collins v. Wieland Copper Products, LLC.

In this case the injured employee had an accident at work in 2009 resulting in an injury to his right shoulder. The injured employee underwent two surgeries for his right shoulder, after which the injured employee returned to work for his employer.

In 2014 the injured employee entered into a settlement agreement with his employer wherein he received a lump sum of money and in exchange his 2009 workers’ compensation claim was closed for any future benefits.

In 2020 the injured employee had a new accident work for the same employer which resulting in an injury to his right shoulder. When he filed a new claim for workers’ compensation benefits, his employer denied the claim alleging that the prior settlement agreement for his right shoulder injury in 2009 barred any future workers’ compensation claims for the same body part.

The North Carolina Court of Appeals ruled that the prior settlement agreement for an injured body part does not prevent a future claim for the same body part with the same employer so long as there is evidence that there was a new accident which either caused a new injury the same body part or a material aggravation of the pre-existing condition for the same body part.

Should you have any questions about this or any of issues involving your work-related injury, please feel free to reach out to one of the Board Certified Workers’ Compensation Specialists at Cardinal Law Partners for a free consultation by calling (833) 444-4127.