Legal Question in Workers Comp in North Carolina
Son recently had a work-related injury (works at an auto parts store, was checking a serpentine belt for a customer when said customer turned on the ignition). It appears he lost a nail, has numerous lacerations on his hand, and possibly broken fingers. His Supervisor stated that if he files Workman's Comp to have the medical bills paid, he would be fired. Is this legal in NC, or an attempt by the Supervisor to keep their rates down?
3 Answers from Attorneys
Under NC law, an employer is required to report an injury to the NC Industrial Commission on Form 19 within 5 days. The supervisor appears to be intimidated by the employer and refusing to report the injury. Your son should file Form 18 ASAP with the Commission and provide a copy to the employer. Call 919-807-2501 or go to the IC web site at http://www.ic.nc.gov/
Consider getting an attorney involved if the claim is not promptly accepted. Good luck!
In addition to Mr. Lennon's answer, the threat to fire is unlawful under the NC REDA law. The biggest problem he will have is proving the threat to fire. Did he record it? Is there a reliable witness? Your son should talk to a certified specialist workers' compensation lawyer who can help him enforce his rights.
Exercising his rights under the state workers' compensation system is a "protected activity" under REDA. He should consider calling the NCDOL WORD Division to discuss such a clear attempt to intimidate.
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