Legal Question in Workers Comp in North Carolina
Workers Comp & FMLA
I was injured on the job and have been out of work over 5 months. My employer placed me on FMLA. I never requested this, they just sent me the form in the mail where HR signed and my signature was left blank. After 12 weeks, they sent an extension but my signature was not on the document. I only received the carbon copy. I do receive compensation from the insurance carrier weekly and they deduct my insurance through my time that I have accumulated. The accumulated time is now exhausted. I recently received a letter stating that they have terminated my employment because I am not able to return to work. I am still written out by the physician who performed the surgery due to the injury and I am still in physical therapy. The doctor feels that I will need another surgery due to this injury. My question is, can my employer terminate me for this or is this considered wrongful termination. I know that I am in an at will state but I was injured on the job and they admitted liability but now have decided to terminate me.
2 Answers from Attorneys
Re: Workers Comp & FMLA
Generally, the employer can terminate you if you are unable to perform job duties with reasonable accommodations.
When you are on workers' comp, it is like being on a leave of absence. The employer does not have to hold a job for you or continue benefits such as health insurance unless required by law or a company policy. When you are released to return to work, you can apply with them again. This is a complicated area. You will need an attorney, so you should get one NOW. I suggest a board certified specialist. Good luck! George
Re: Workers Comp & FMLA
You really need to speak with an employment lawyer, but based on the facts you gave in your post, I'm afraid there is no violation of the law. Call the EEOC and/or NC Dept of Labor to make sure. Their numbers and websites can be found on our links section at ncworkcomp.com.
You may also want to speak with an experienced work comp atty, in light of the fact that you are looking at multiple surgeries, etc. At very least, go to the NC Industrial Commission website to read the Bulletin and get as much information as possible to use in dealing with the wc carrier.
Best of luck,
S. Neal Camak
Lennon & Camak, PLLC
Raleigh, NC
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