Legal Question in Workers Comp in North Carolina

Re: Changing Attorneys, and legal rights against employer

Generally speaking,

1. It will not cost you any more in atty fees to change attorneys. The same % fee will likely be split between the new and former attys. The Executive Secretary's office, of the NC Industrial Commission, must approve your old atty's motion to withdraw. It is usually best to stick it out with your attorney, as there are many things in the system that are beyond his or her control. A face-to-face meeting with your attorney to address issues of confusion will likely help the situation. If not, you can always push them to withdraw ASAP after the meeting.

2. Unless your case fits a very small exception to the general rule, there is likely not much you can do about the employer allegedly being careless. Workers' compensation is a "no fault" system, without pain and suffering or punitive damages being available.

3. Not sure if you were threatened with termination, or were actually terminated. If you were terminated, and you feel you were terminated because you filed a wc claim, you may have (had) a REDA claim with NC Department of Labor. This claim, however, needs to be filed within 180 days of the last date of discrimination by the employer. Employer terminations usually have no affect in determining whether you suffer a compensable injury, but may affect your entitlement to wc benefits.

Good luck! Go to NCIC website for more info. We have link(s)on ncdisability.com.