Legal Question in Workers Comp in North Carolina

Re: wc settlement

Are they continuing your weekly checks? Were you released with work restrictions? Did they formally terminate you from your last job? This information would be helpful in responding to your situation.

However, I would start looking for work in other places. Keep a job search log of your efforts and the results. You also have a right to a second opinion on the back rating with a doctor of your choice. Also, if you need future medical care, you should obtain and file a Form 18M from/with the NC Industrial Commission. If approved, the Form 18M would add value to any final settlement, or if you settle your case based simply on payment of the rating, it entitle you to have the carrier pay for any future, related back treatment listed thereon.

We are not employment lawyers per se, but NC is a right to work state. I doubt your situation would qualify as a wrongful termination, but it would not hurt to call the EEOC to see if they have violated the ADA or FMLA provisions.

Likely need to speak with an experienced attorney before signing anything, but at least recommend you contact the NCIC for a Bulletin that explains the benefits of WC and Form 18M. You can link to the NCIC and EEOC from our site at ncworkcomp.com.

Best regards,

S. Neal Camak

Lennon & Camak, PLLC

Raleigh, NC