Legal Question in Workers Comp in North Carolina

What are my rights now that I am hurt?

I was at work a couple of weeks ago and I was bent over sandind a door? A door weighs 64 lbs. There were 4 of them and my supervisor was on a forklift. He hit the table they were standing against and threw them on me. I have a seirous back injury but the WC doctor says it is musclar damage. I have to go to back therapy and it will get better. I ask what if it deos not she says no such thing. I am a manager at my job and I am on salary. Now the company wants me to start clocking in and out to monitor my time while I am at work. I ask what for they just say it is a decision by the owner. My question is if this is them giving me problems becuase of Wc what should I do. They honor my light duty for now but it could end any day. I have een with them for 12 years. I am going to college to be a police officer. If this injury hangs on I will not be able to get a phyiscal to go to basic law enforcement training. So they classes that I have took will be no good now. What rights do I have or if they fire me do I have a case?


Asked on 1/24/08, 8:42 pm

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

Re: What are my rights now that I am hurt?

You need to speak with an experienced atty if you feel like something is not going right in your case. If you feel like they are discriminating against you BECAUSE you are exercising your rigjhts under WC, then you can file a claim with the NC Dept. of Labor....a REDA complaint. On the other hand, they are entitled to have someone on the job who can do the job. If they stop honoring your light duty, you are entitled to TTD wage loss benefits until and unless you return to suitable employment either with them or with another employer. As for the college classes, just hope you make a decent recovery from the injury. WC will not owe you anything for the anticipated career loss. All benefits under WC are statutory and limited, which means they cannot include such damages as loss of future career or pain and suffering.

Familiarize yourself with the system by reading the Bulletin on their website. Also, file a Form 18 within 2 years of your injury. You can link to the Industrial Commission from our links page at ncworkcomp.com. Good luck!

S. Neal Camak

Lennon & Camak, PLLC

Raleigh, NC

Bd. Certified Specialist in NC Workers' Compensation Law

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Answered on 1/27/08, 3:50 pm


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