Legal Question in Employment Law in North Carolina

I have recently suffered a back injury and have been unable to work for a month. Did not report as job related out of fear of being terminated(it has happened there) so no workers comp. currently on FMLA, and may not be able to return to that type of work(construction).HR tells me if I have documentation from doctors stating my inabilities to lift heavy loads, bend, twist, etc., I may receive unemployment(similar case received unemployment comp)but district mgr tells me no comp. Where do I stand?


Asked on 7/06/10, 9:27 am

1 Answer from Attorneys
Geneva Yourse Cauley Pridgen, PA

Even if you have not filed for Workers' Compensation yet, you still can file. If someone saw you get hurt at work, that will make the claim stronger.

If you do not file for workers' comp, you may be eligible for unemployment benefits.

If your employer does not have work for you, you may be able to file for a reduction in work hours and be partially unemployed. However, if your employer has fired you because you cannot work, then you are also eligible for unemployment benefits.

I think the best thing to do is file for workers' compensation benefits. If you would like to further discuss this, feel free to give me a call.

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Answered on 7/06/10, 1:06 pm


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