North Carolina Workers Compensation Legal Questions

The insurance carrier has 24 days from approval to issue a checkor be subject to a 10% penalty. Section 97 – 18(e)of the North Carolina Worker's Compensation act states that "compensation shall become due 10 days from the date following the expiration of the time for appeal from the award judgment or the day after waiving the right to appeal by all parties has been received by the commission, whichever is sooner.   The case of Carol v. Living Centers Southeast, Incorporated 115 N.C.App. 116 (2003)this directly on point with this very issue.... Read More

Without knowing the details of your illness,  I am assuming that your condition does not qualify you as a person protected under the Americans with Disabilities Act. That being said, North Carolina is a "right to work state", meaning that your employer can hire or fire at will so long as it does so in a nondiscriminatory fashion.  If you're illness prevents you working third shift, and illness is not a work-related illness, your employer can simply terminate you or move you to a different position If you choose to accept.... Read More

The rates of compensation are set out in this section  97 – 31 of the North Carolina Worker's Compensation Act. The compensation rate for the loss of the index finger is 66 2/3 of the average weekly wage for 45 weeks. However, if you only lost the first phalange of the finger, it would be half of that, meaning 25 1/2 weeks.   If your employer does not have a position for you due to the loss of part of your finger, you would be entitled to temporary total disability until you found gainful employment elsewhere. I do not have enough information about your job or situation to give you any further advice about this.   As to" mental injuries" if you are referring to pain and suffering, you are not entitled to it under workers compensation.   Hope this has helped.... Read More

When you speak of bringing a lawsuit against your employer, I assume you mean does this end your claim? I ask because normally an employee is barred from bringing a negligence lawsuit against their employer for injuries sustained during the course and scope of their employment. There are very limited exceptions.    As far as additional medical care is concerned, coverage for your injury will remain open for two years from the date of your last treatment.... Read More