Legal Question in Workers Comp in North Carolina

Re: compensation

Generally, you can be terminated if not working, so long as it is not in retaliation for filing a claim or in violation of State or Federal law. The employer does not have to keep health insurance on you, but may if you tell them you want benefits under FMLA - the Families and Medical Leave Act or if you pay for COBRA coverage. Workers' comp benefits are not affected by the actions of the employer. I strongly suggest you consult with a workers' comp specialist attorney ASAP. The general info above is not enough to answer your questions adequately. Good luck!

Re: compensation

Assuming you are an "at will" employee, without employment contract or other exception, your employer can likely "let you go" without repercussion. However, he cannot fire you because you "filed" a comp claim. If it is retaliation for "filing" a comp claim, you need to call the NC Dept. Labor/WORD Division. Also, you may be protected by federal laws, including the ADA and FMLA (12 weeks). Call the Equal Employment Opprtunities Commission to find out more. COBRA health insurance should be offered to you upon your departure from work, but it is usually very expensive.

If your job cannot accommodate your dr. certified work restrictions, then your comp benefits should continue uninterrupted until you return to work somewhere or by Order of the NC Industrial Commission. Make sure you have filed a NCIC Form 18 to preserve your rights.

Links to the NCDL, EEOC, and NCIC sites are available at ncdisability.com. Time deadlines do apply, so act ASAP. Good luck!

S. Neal Camak, Atty.

Law Offices of George W. Lennon