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North Carolina Workers' Compensation Questions & Answers
1 Answer | Asked in Workers' Compensation for North Carolina on
Q: Can I get money for pain and suffering in a workers' comp claim?
Martha Ramsay
Martha Ramsay answered on Dec 12, 2018

No, not in North Carolina. The law allows for compensation for three benefits: Medical treatment, payment for lost time and payment for permanent injury. One of the elements of the original bargain of workers’ compensation law, no compensation for pain and suffering is supposed to be... Read more »

1 Answer | Asked in Bankruptcy and Workers' Compensation for North Carolina on
Q: Hello an Asbestos company filed bankruptcy years before my Dad who had worked there for over 25 years.

My mom has asked me to inquire to see if claims has been settled. What do we need to do?

Timothy Denison
Timothy Denison answered on Oct 12, 2018

Check with the Class Action asbestos litigation rep in your area to see if you qualify for any remuneration.

1 Answer | Asked in Personal Injury, Products Liability and Workers' Compensation for North Carolina on
Q: Diagnosed with acute leukemia after working with Benzene for 21 years. What kind of attorney to we need?

My longtime partner, diagnosed with Acute Leukemia after working with Benzene products for 21 years. He tool all the precautions(mask, ventilation, etc.)In March 2018, After extensive research, experts at Harborview Medicine Environment and Occupational have determined benzene flipped the genetic... Read more »

Peter N. Munsing
Peter N. Munsing answered on Oct 2, 2018

May have an occupational disease or similar claim. Look for a member of the NC Assn for Justice who handles workers compensation and toxic exposure cases--they give free consults and could best advise your partner.

1 Answer | Asked in Employment Discrimination and Workers' Compensation for North Carolina on
Q: Can you be layed off from work a couple days after coming back from a workers comp ingury?
Kirk Angel
Kirk Angel answered on Sep 3, 2018

Yes, you can be laid off or fired at any time for any reason. However, you may have a legal claim in certain circumstances. For example, if you are fired solely because you reported or filed a workers comp claim, if you were fired because you took FMLA time off work to deal with the on-the-job... Read more »

1 Answer | Asked in Workers' Compensation for North Carolina on
Q: How do I know if I'm entitled to workers compensation? Do I have to be a full-time employee or is part-time ok?
Martha Ramsay
Martha Ramsay answered on May 21, 2018

It is not based on whether you are full-time or part-time. If you are an employee and there are three or more employees, your employer should carry workers' compensation insurance, unless they fall under one of a number of exemptions. You should contact a Board Certified Workers' Compensation... Read more »

1 Answer | Asked in Employment Law, Workers' Compensation, Collections and Construction Law for North Carolina on
Q: Am I required to give my full name, address, along with a copy of my license just to receive payment for hours I've work

I haven't been paid for hours I've worked since 3 weeks ago, and the boss always says he's going to pay me tomorrow or the coming week with no effort what so ever. He's constantly ignoring my calls or messages because he knows I'm asking about my money and now he wants me to send him my full name... Read more »

Kirk Angel
Kirk Angel answered on Jun 28, 2017

If you are an employee, North Carolina wage and hour law governs this. The law requires the employer to establish a specific pay date and must pay you on that date. There seems to be no legal reason for you not to be paid. If you are not an employee, then the law does not apply.

On a...
Read more »

1 Answer | Asked in Employment Law and Workers' Compensation for North Carolina on
Q: I'm a NC mail carrier began having shoulder pain after 3 years my rotater cup is completely torn, is it workman's comp

I seen my regular doctor when pain began and received several shots in my shoulder to relieve pain helped for a short time and pain would return. After 2 years or so I was sent for MRI because I was losing range of motion and couldn't work due to my job requiring the repetitive use of my arm. Turns... Read more »

Kirk Angel
Kirk Angel answered on May 30, 2017

Not sure this answer is much help, but workers' compensation for federal employees is a very specialized field with few folks who practice in it. I have represented federal employees in employment cases for many years and have only ran into a couple of truly experienced federal workers'... Read more »

1 Answer | Asked in Employment Law, Workers' Compensation and Employment Discrimination for North Carolina on
Q: I work at the hospital And they haven't been paying me the right amount of money it's supposed to be for 2 and a half...

Years. When I told my manager she said, she did not know and it was an mistake, and changed it. Shouldn't I be getting back pay.

Kirk Angel
Kirk Angel answered on May 9, 2017

It depends on the situation. However, if you have a written pay plan or promise of specific wages and the employer did not pay that amount, then you will likely have a claim under the North Carolina Wage and Hour Act. Keep in mind, that the employer is not technically required to pay those back... Read more »

1 Answer | Asked in Workers' Compensation and Small Claims for North Carolina on
Q: If they haven't found nothing on my MRI and I still have problems with my back do I still get a settlement
Will Blackton
Will Blackton answered on Feb 22, 2017

Your attorney, or if you do not have one, an attorney familiar with the facts of your specific case is the only person who can answer this.

1 Answer | Asked in Employment Law, Workers' Compensation and Business Law for North Carolina on
Q: City job can employer take employees tips and give them to non profits/not allow worker to accept tips they are given?
Beatriz Adriana Sosa-Morris
Beatriz Adriana Sosa-Morris answered on Feb 15, 2017

If an employer is relying on the tip credit privilege to meet their minimum wage obligations, then the employer for itself cannot take an employees' tips.

1 Answer | Asked in Personal Injury and Workers' Compensation for North Carolina on
Q: Who pays compensation if I was injury in car accident while working for my company .

Work mans Comp on my job has been paying ,They will collect from car insurance Company that hit me from behind Who pays me for pain and suffer

Peter N. Munsing
Peter N. Munsing answered on Jan 5, 2017

First you should ask your attorney. If you don't have one you need one--you need to make sure comp doesn't get more than it should, have to deal with underinsured coverages, it is not do it yourself time. Don't have an attorney ? Contact a member of the NC Advocates for Justice in your county who... Read more »

1 Answer | Asked in Workers' Compensation for North Carolina on
Q: If nothing is found on an MRI given from a work comp doc and my personal doc says I have chronic pain is that covered?

I had an injury over a year ago at my job and someone dropped the ball at some point and the MRI scan was just now ordered. It came back normal according to the workers comp doc. The workers comp doc thinks its muscle spasms, but I saw my personal doc and he diagnosed chronic pain is this covered?... Read more »

Peter N. Munsing
Peter N. Munsing answered on Nov 29, 2016

If the doctor links it to the work injury yes it is covered. Many MRI's are negative. I assume your doctor has seen the MRI; if not get a copy for him. MRI's usually are not going to show much immediately after an injury so the delay wasn't something that helped comp. If you don't have a lawyer why... Read more »

1 Answer | Asked in Workers' Compensation for North Carolina on
Q: Seen my dr for post op and keep me Out of work and ordered more PT. Can my workmans Comp insurance company contact Dr

Regarding my return to work status

Peter N. Munsing
Peter N. Munsing answered on Nov 29, 2016

Depends on your state's law. If you don't have an attorney contact a member of the North Caorlina Advocate for Justice--who handles workers compensation--they give free consults.

1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for North Carolina on
Q: I've been an employee of diversified maintenance for 5 years and 3 months and I am still making 8.50 he was promised

9.50 on June 22 . what can I do about no raises and no days off

Peter N. Munsing
Peter N. Munsing answered on Aug 3, 2016

The law says it's employment at will. Don't like it, move on to another job says the law. That's why there's a movement centered on increasing the minimum wage.

1 Answer | Asked in Workers' Compensation for North Carolina on
Q: WC Clincher with an advance payment will weekly WC checks continue? And when will I get a copy of settlement I signed?

Im not sure of the process and when I ask questions of the Paralegal or Attorney ( if they are in the office ) answers seem to slightly change. Ive felt out of the loop the whole time and unsupported. I never received a copy of our original Attorney/ Client contract. I asked multiple times. Then... Read more »

Mr. Douglas A. Petho
Mr. Douglas A. Petho answered on Mar 17, 2016

The number one complaint clients have with their attorneys is a lack of communication, either by failing to return phone calls were not properly explaining the process. Attorney's fees and workers compensation claims are set by the industrial commmission at 25%. I do not know what the $900 is for... Read more »

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