Legal Question in Workers Comp in North Carolina
Empoyer retallation
I injured my left hand in july 2004 in a table saw accident, i lost the tips of the first and second fingure at the first joint of each fingure along with knuckle damage on both fingures. My ring fingure was amputated by the saw blade and re-attached, the knuckle was completely ripped away, the fingure is no longer moble at the knuckle.I was out of work for two weeks and returned to work on Lt. duty. I was back at work three weeks when a disagreement with my boss over a budget issue took place during a staff meeting. A few days later I requested annual leave, and was told I was being placed on FMLA. I asked why and was told I have a cronic medical condition. I asked what cronic medical condition,and was told it wasn't my boss placing me on FMLA but someone in the corporation. I ve been employed by the company for 9 yrs. my boss is new and this was her first assignment as a administrator. She is a very dominating person that in my opinon leads by fear, intemidation and retalliation. I am now off FMLA but still out of work due to a corporate work policy that will only let me return to work full duty. I have completed theropy and receive WC. In my opinion I received retalliation for being injured and not being dominated.
2 Answers from Attorneys
Re: Empoyer retallation
Our office primarily handles workers' compensation matters and social security disability claims.
Make sure you have filed a Form 18 with the North Carolina Industrial Commission (NCIC)within two years of the date of your injury. You may also want to get/request a Form 33 (Request for Hearing), Form 18M (Request for Additional Medical Treatment), and Bulletin when you contact the Industrial Commission. You can also print these materials, and others, on-line from the NCIC web site. A link to the NCIC website (and others) can be found at ncdisability.com.
You will be entitled to weekly comp until you are allowed to return to work, or the carrier locates "suitable employment" for you elsewhere. After you return to work in a stable job within your restrictions, and assuming you return to your old wages, you can ask to be paid your PPD ratings per the NCIC Rating Guide (also online at the NCIC). The medical treatment (for limited period) of your injury should also be covered, but file the Form 18M (executed by your doctor) right after you are paid your ratings to make sure.
Call the NC Dept of Labor, WORD Division, to discuss the Retaliatory Employment Discrimination Act (REDA), and Equal Employment Opportunities Commission (EEOC) to discuss the Americans with Disabilities Act (ADA). Claims must be filed within 180 days of last act of discrimination. Other employment laws may apply also, so I suggest you seek an employment law specialist's advice as to these related aspects of your injury claim.
Good luck!
Re: Empoyer retallation
At least you are getting benefits. Others who return to modified (light duty) work frequently wind up fired for bogus reasons. You have a potential REDA claim for retaliation, although it is hard to determine what the damages might be. Call the NC Dept. of Labor at 919-807-2825.
You should also consult with an attorney ASAP since you may have a substantial wage loss claim. Good luck!
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