Legal Question in Workers Comp in North Carolina
Looking for some advice
I recently injured my back at work, 9 years without an incident, and dont know what to do? Doc put me 3 days off,1 wk light duty. I opted for a vacation since i was due to cover some of the time i will lose from work. Now the doc says 2wks ld and phys therp. I have alot of payroll deductions that come from my paycheck (life,auto,loans,disability,med ect).The wc nurse says i cant return to work until the doc specifically says what my limits are. What do i do? Who do i need to call to make sure i dont lose my benefits and insurance because i cant pay for them? I have never been hurt before and the bosses at work are less interested in taking the time to find out what i can do physically then doing their on job. I just want to know where to start and what i should do help get back to work. Any advice would be greatly appreciated. Thank you
2 Answers from Attorneys
Re: Looking for some advice
Thank you for your question.
Please remember that it is very difficult to give full advice on limited information, and by e-mail. As is the case many times under the law, there is not necessarily a clear answer. Cases like this cases be very fact specific and further information may be helpful.
Based on your situation I believe that you really need a consultation with a lawyer who concentrates in Workers' Compensation law. We have two attorneys in our office who concentrate in this area. Please feel free to contact us.
Thank you again, and please feel free to contact us if we can provide further information.
Best Wishes,
David D. Daggett
(I apologize in advance for poor typing skills)
Winston-Salem Office
www.lewisdaggett.com
www.safeandsober.com
Re: Looking for some advice
I'm surprised the doctor would not elaborate on the term "light duty", such that your employer could determine whether they can allow you to return to work. In any event, assuming your case is otherwise compensable, they owe you WC temporary total disability benefits (TTD) until they make their decision on whether to allow you to return. Although the value of some of your fringe benefits may be included in your weekly TTD payment, automatic deductions for premium payments will likely cease. One way to try to extend the status quo is to elect sick, vacation, personal days, STD, LTD and hope you return to work quickly. If you make this election, wc will likely get a credit for said amounts paid by the employer/insurer (barring a few exceptions).
Make sure you have filed a NCIC Form 18 with the North Carolina Industrial Commission within two years of your date of injury. Read the IC's Bulletin for info on benefits available, and file a NCIC Form 33 if you are not getting the benefits you are owed under the law. These documents can all be downloaded off the IC's webpage, which we have linked at ncworkcomp.com. Let us know if you have any other questions or concerns.
Good luck!
S. Neal Camak
Board Certified Specialist in Workers' Compensation Law
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