Legal Question in Workers Comp in North Carolina
Workers Compensation
If I am kept out of work under doctor's orders, can my employer take away my sick days for this?
1 Answer from Attorneys
Re: Workers Compensation
If you are kept out of work due to a compensable work-related injury, as a general rule, they should NOT use your sick days if they have intrinsic value; however, many people use them voluntarily to cover the first seven days of temporary total disability before workers' compensation benefits are required to start.
If you want, and if you end up being out of work for more than 21 days, you can ask that you be paid WC benefits for the first seven days of disability, and have your sick days credited back to your account. Many people opt not to do this, as it creates more issues than it is worth with insurance, etc.
Make sure you file a Form 18 with the NC Industrial Commission ASAP. Also request, or print, a Bulletin that explains the WC system. You can link to the NCIC website, as well as find other helpful information, from our site: ncworkcomp.com.
Best regards,
S. Neal Camak
Lennon & Camak, PLLC
Raleigh, NC
Board Certified Specialist in NC Workers' Compensation Law