Legal Question in Workers Comp in North Carolina

compensation

i had both my hands injured at work and went to the emergency room and got treatment. i have now been out of work for 4 days, and returned to the hospital and found out ill have to miss another week of work. i fear that i have failed the drug test, and have no idea what to do. can i get paid for being out of work?


Asked on 7/13/09, 1:38 pm

1 Answer from Attorneys
Stephen Camak Lennon, Camak & Bertics, PLLC

Re: compensation

This is a complicated question, which really requires more facts, but the drug test should not be a problem unless you were impaired and the impairment caused the injury. The more frequent problem is when they fire you for drug use AFTER being released to return to work by the doctor.

If you were injured in a compensable manner, I think you will get TTD benefits for the time you are written out of work, less a 7 day waiting period. If they fire you upon your release to return to work, you will have a harder time making a case for continued TTD benefits.

Make sure you file a Form 18 with the NC Industrial Commission ASAP. Also get a copy of the Bulletin, which describes the WC system in NC. You can link to the NCIC website, and find other helpful information, at our site: ncworkcomp.com.

Last, get to a hand specialist early in the process.

Best regards,

S. Neal Camak

Lennon & Camak, PLLC

Raleigh, NC

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Answered on 7/13/09, 1:59 pm


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