Legal Question in Workers Comp in North Carolina

Re: workers compensation

More facts are needed to respond in full, but generally jobs are not per se "protected" while one is out on workers' comp. Sick leave should not be used to cover workers' compensation days, unless you agree to it, maybe because you would not otherwise get paid for the first seven days you are out. If you are out more than 21 days total, they should reinstate your sick leave and pay you workers' compensation for the first seven days.

The Family Medical Leave Act protects some employees with 12 weeks of protected (unpaid) leave to care for a serious medical condition. Other federal statutes may also apply, like the Americans with Disabilities Act. Contact your local EEOC office for more info. Time deadlines apply to file a claim, so do not delay.

If you suffer some form of discrimination BECAUSE YOU FILED A WORKERS' COMP CLAIM, you can call the NC Depatment of Labor, WORD Division, and ask about a possible Retialiatory Employment Discrimination Act claim. Time deadlines apply to file a claim, so do not delay.

There are other employment actions that could apply; however, NC is a "right to work" state that makes it hard to pursue strict employment claims. I recommend you speak with an employment law specialist to discuss in more detail.

Links to EEOC website, etc. can be found on our site at ncworkcomp.com.

Best regards and good luck,

S. Neal Camak

Lennon & Camak, PLLC

Raleigh, NC

Bd. Certified in NC Workers' Compensation Law