Legal Question in Workers Comp in North Carolina
workers comp gets pregnant
I had a car accident 3 months ago and I am in outside sales covering a large territory. The accident was not my fault and I was working at the time. I sustained a concussion and cervical strain which are still lingering indefinitely. Even though my doctor released me to work with restrictions, my employer chose to put me on workers comp since I can only drive short distances. I don't know when or if I will be able to return to my position and now I just found out I am pregnant. Will this affect my status with workers comp or with my employer? Can they terminate me?
1 Answer from Attorneys
Re: workers comp gets pregnant
This is a question better answered by an employment law specialist, but my experience in NC has been that employers can rightfully expect to have someone on the job who can do the job....even if you are out on comp. Exceptions to this general rule include an EMPLOYMENT CONTRACT, ADA, FMLA, TITLE VII VIOLATIONS, ETC. (including gender discrimination if the pregnancy becomes an issue with your return to work). NC is a right to work state. If you are let go, chances are you will just continue to get comp even after you are let go until you return to work in suitable employment elsewhere.
Make sure you have filed a claim with the NC Industrial Commission within two years of your injury and become familiar with the WC system by looking at info on their website (read the Bulletin). See our Links page on our site at ncworkcomp.com to get there. Talk to an experienced attorney if you feel like something is not going right. Good luck!
S. Neal Camak
Lennon & Camak, PLLC
Raleigh, NC
Bd. Certified Specialist in NC Workers'Compensation Law
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