Legal Question in Workers Comp in North Carolina
Worker's comp
I got injured at work. I've been out for 6 months and recently underwent another surgery for this injury. My employer had me fill out an fmla form. Is worker's comp under fmla when you are out? Also they terminated my health coverage can they do that?
1 Answer from Attorneys
Re: Worker's comp
My understanding is the employer can count fmla leave against you while you are out recovering from a work-related injury. Fmla is only 12 weeks of protected, unpaid leave to attend to a "serious medical condition", while workers' comp is 2/3rds of your average weekly wage, tax free. Both programs can run at the same time.
Unless you have a union contract, etc., that says otherwise, the employer was likely within their rights to terminate your health insurance. However, they should have offered you COBRA coverage at a higher premium rate (18 months of additional health insurance).
You need to make sure you have filed a Form 18 with the North Carolina Industrial Commission, as well as read the NCIC Bulletin for more information on workers' compensation. Call an experienced lawyer in this field if you still have questions. Most of us offer free initial consultations. Go to our site at ncworkcomp.com for more info, as well as a link to the NCIC website. Good luck!
S. Neal Camak
Lennon & Camak, PLLC
Raleigh, NC
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