Legal Question in Workers Comp in North Carolina

wrongful termination ?

My wife was injured at work in 12/07. She reported it immediatly. After 8 mos, they finally agreed to allow surgery. She was out of work on workmans comp 2 mos then returned on light duty. 3 weeks later, she along with 1 other employee with less time in than her was layed off. She went back on workmans comp and has since been cleared to return to work. We just found out that they are bringing the other employee back to work but not her. She has never had any disciplinary problems the whole time she has been there (almost 4 years), unlike him. Also, her attendance was way better and her customer service was the best in the company. We know this is related to her workmans comp claim even though they deny it. Is there anything we can do? Also, how long can she remain on workmans comp? Thanks


Asked on 2/13/09, 11:19 pm

1 Answer from Attorneys
Stephen Camak Lennon, Camak & Bertics, PLLC

Re: wrongful termination ?

Our office handles WC and SSD claims; employment law is a different area of specialty. However, we can suggest you contact the NC Department of Labor, WORD Division, to file a complaint and let them investigate whether a violation of the Retaliatory Employment Discrimination Act took place. You must contact them within 180 days of the last act of discrimination. You may also want to contact the EEOC to see if FMLA and ADA took place as well. Same deadline to report.

If you need more info on WC and SSD, go to ncworkcomp.com, or call.

Good luck!

S. Neal Camak

Lennon & Camak, PLLC

Raleigh, NC

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Answered on 2/16/09, 10:01 am


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