Understanding Your Rights in North Carolina When Symptoms Don’t Show Up Right Away
It Didn’t Seem Like a Big Deal, Until It Got Worse
You felt a twinge in your shoulder after that heavy shift, but it didn’t seem serious. You powered through, maybe iced it at night or took something over the counter. A few weeks turned into a few months, and now, the pain is constant. It's interfering with your sleep, your job, your life.
If this sounds familiar, you're not alone.
In North Carolina, many workers don’t realize just how common it is for injuries to worsen slowly over time. And more importantly: just because the pain didn’t show up right away, doesn’t mean you’re out of luck when it comes to workers’ compensation.
Here’s what you need to know if your job-related injury didn’t happen all at once.
Can Workers’ Comp Cover Injuries That Get Worse Over Time?
Yes, North Carolina workers’ comp can apply even if your symptoms appeared gradually. These are known as delayed-onset injuries, progressive injuries, or in some cases, cumulative trauma. They're particularly common in physically demanding or repetitive jobs.
Industries where these injuries are common include:
- Assembly lines and packaging centers – where workers repeat the same motions for hours
- Warehouses and distribution hubs – where lifting, bending, and twisting is routine
- Manufacturing or construction roles – where heavy equipment and awkward postures are frequent and repetitive
- Food service or hospitality – where high speed and minimal breaks wear down the body over time
Injuries that commonly worsen over time include:
- Carpal tunnel syndrome – numbness or tingling in your hands or wrists
- Tendonitis or bursitis – chronic inflammation from repetitive stress
- Rotator cuff injuries – especially for jobs involving frequent overhead lifting
- Lower back issues – that build with every box, shift, or strain but start with a specific traumatic incident or covered injury
If your job duties contributed to a decline in your health, even without a single, traumatic incident, you may still be eligible for care, wage benefits, or even claim reopening.
When Is It a New Injury vs. a Worsening of an Old One?
This distinction matters, not just medically, but legally, and it’s where many claims hit snags without legal guidance.
Worsening of an Original Injury
If your current symptoms stem from a previously reported injury, you may be able to reopen your original claim provided you did not settle that claim on a full and final basis.
- In North Carolina, this generally must happen within two years of your last medical care or benefit payment.
- You’ll need clear medical evidence showing your condition has worsened and is still connected to the original work incident.
New Compensable Injury
If you’re experiencing symptoms in a different area of the body, or the pain now stems from different job duties, it might be considered a new injury.
- That means starting a new claim, but it also means you might qualify for fresh benefits and care.
The key takeaway: You don’t have to navigate this distinction alone. Your workers’ comp attorney can help determine which legal path protects you best, and get the right paperwork moving quickly.
What About Occupational Diseases or Repetitive Motion Injuries?
What Counts as an Occupational Disease?
In North Carolina, occupational diseases are injuries that result from exposure or repeated stress over time, such as:
- Carpal tunnel syndrome
- Tennis elbow (epicondylitis)
- Tendonitis and bursitis
- Trigger finger or De Quervain’s from constant gripping or tool use
These injuries often affect the upper extremities and are especially common in jobs involving scanning, typing, lifting, or using vibrating equipment.
Why Are These Claims Challenging?
- They rarely appear on one specific day, making them harder to “prove” under a narrow definition of workplace injury
- Insurance companies may argue the injury stems from non-work activities, like hobbies or aging
- Documentation is critical, and without strong legal guidance, these claims are often denied unfairly
If your work involves fast-paced, repetitive motions and you’re feeling symptoms that weren’t there before, it’s time to explore whether you have a compensable occupational disease.
What to Do If Your Symptoms Have Gotten Worse
If you’re experiencing new or worsening symptoms, here’s how to protect your rights:
Tell Your Employer and Doctor Immediately
Even if you reported the original injury, make sure to document new symptoms or limitations as soon as they arise.
Request Medical Documentation
Your doctor should clearly state whether your current condition is related to your job. This will form the backbone of any new or reopened claim.
Call a Workers’ Comp Attorney If...
- Your claim has been closed but the pain hasn’t
- You’re not sure whether to reopen or file anew
- You’re being told your injury isn’t covered or is “your fault”
- You’re feeling overwhelmed by the system or insurance company pressure
Can You Reopen a Workers’ Comp Claim in North Carolina?
Yes, under N.C. Gen. Stat. § 97-47, you can reopen your claim if:
- You’re still within 2 years of your last medical care or benefit
- There’s new medical evidence showing your condition has gotten worse
- The original injury is still work-related
- You did not settle your claim on a full and final basis voluntarily
Reopening isn’t easy, though. Insurers may push back, and you’ll need:
- Detailed medical records
- Proof of worsening tied directly to your job
- Experienced legal support to navigate red tape
This is exactly the kind of scenario where a workers’ comp specialist, like Shankle Law Firm, makes all the difference.
How Shankle Law Firm Helps When the Timeline Isn’t Straightforward
Not every injury fits neatly into a box. That’s where Shankle Law Firm steps in.
- We’ve helped hundreds of North Carolina workers deal with slow-developing, cumulative, and repetitive trauma cases
- We understand the nuance behind what looks like a minor injury on paper but feels major in real life
- We know how to gather medical documentation that holds up, and how to challenge unfair denials
Led by Board-Certified Workers’ Compensation Specialist Maggie Shankle, our team combines legal skill with real empathy. We don’t just push paperwork, we listen, guide, and fight for the full picture of your health.
You’re Not Imagining It, And You’re Not Alone
Work injuries don’t always happen with a crash or a fall. Sometimes, they creep in, shift by shift, box by box, motion by motion. That doesn’t make them any less real.
If your injury didn’t feel serious at first… but now it’s affecting your life and your ability to work, it’s time to get answers.
Shankle Law Firm is here to listen, advise, and advocate.
Call today for a free consultation. You don’t have to figure this out alone.
*Please Note - The content on this website is for informational purposes only and does not constitute legal advice. Viewing this site, using information from it, or communicating with Shankle Law Firm, PA through this site does not create an attorney-client relationship. For legal advice tailored to your situation, please contact us directly at (704) 370-1212.