Legal Question in Workers Comp in North Carolina

If your doctor places you out of work following your surgery, your job is supposed to abide by the doctor's work restrictions. However, if they refuse to abide by those restrictions, you need an attorney to force your employer to abide by those restrictions. Workers' Compensation cases are very complicated. You should contact an attorney. Please feel free to call me for a free consultation.

You cannot be terminated because of an existing workers comp claim. Such a move could trigger a Retaliatory Discharge Claim (REDA). Your job is protected by FMLA for 12 weeks and you cannot be terminated until that time expires. If the 12 weeks are up and you are still out of work, the employer can fill your position with a new hire. I expect that you will have some significant restrictions from your doctor (I would gather that you will be written completely out of work for some time). Make sure to get a note from you doctor and share it with the employer and adjuster for the workers' comp carrier, they must accomodate the work note (whether you are written out of work or have restrictions). If restrictions cannot be accomodated, you should be receiving checks for what is called temporary total disability. You have a complicated case and I would recommend that you speak with an attorney to help address all of your needs. Below is a link that will take you to a list of all the Workers' Comp. Specialists who have been certified by the NC State Bar.

http://www.nclawspecialists.gov/results.asp?SpecialtyID=1111