Legal Question in Workers Comp in North Carolina

Wrongful Termination Suit???

My husband was injured on the job two weeks ago and told his employer immediately. (he fell on a deck and hurt his arm) They told him he was fine even though he thought he should see a doctor.

Well, a week and half after the incident he tried to go to the doctor's because the pain was getting worse. His job told him that he needed to do that on his own time and made him go the next day on his day off. They FINALLY gave him the workers comp papers to go.

The doctor told him that he had a TEAR in his ligament in his arm and put it in a temp cast and he has to see a specialist cause it's going to need surgery.

THEN his employer told him that : QUOTE: ''if the doctor does not release you in two weeks you're fired'' even though they have light duty jobs he can do cause that's what they have him doing now since he's in a sling.

What can he do? Especially if they FIRE him in two weeks! We would lose EVERYTHING! we need BOTH of our wages to live.

Please HELP!


Asked on 9/12/08, 9:50 am

2 Answers from Attorneys
Stephen Camak Lennon, Camak & Bertics, PLLC

Re: Wrongful Termination Suit???

Workers' compensation, if the claim is accepted, will pay 2/3rds the husband's average weekly wage in tax free benefits for the period he is totally out of work due to the injury. If terminated while totally out of work with a doctor's note, they must continue to pay the benefits. When released to light duty, if employer does not have, or refuses to allow him, a job he can return to within his restrictions, they need to continue paying the benefits.

Also check with the EEOC to see if Family Medical Leave law applies, as well as Americans with Disabilities Act. These have time limits, so act quickly.

Best regards,

S. Neal Camak

Lennon & Camak, PLLC

Raleigh, NC

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Answered on 10/13/08, 3:05 pm
George Lennon Lennon, Camak & Bertics, PLLC

Re: Wrongful Termination Suit???

1. File Form 18 ASAP with the NC Industrial Commission to preserve the workers' compensation claim. Http://www.ncworkcomp.com Click on links for the Industrial Commission.

2. Contact NC Dept. of Labor for information on the NC Retaliatory Employment Discharge Act and forms necessary. http://www.nclabor.com/edb/edb.htm

3. If the workers' comp claim is denied, get a board certified specialist in NC Workers Comp law to represent you. Stay away from TV lawyers.

Don't panic. Just control the things you can control and you will probably be OK. Good Luck!

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Answered on 9/12/08, 2:40 pm


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