North Carolina Workers' Compensation Questions & Answers
Q: Can I get money for pain and suffering in a workers' comp claim?
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 »
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?
Check with the Class Action asbestos litigation rep in your area to see if you qualify for any remuneration.
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 »
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.
Q: Can you be layed off from work a couple days after coming back from a workers comp ingury?
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 »
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?
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 »
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 »
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 »
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 »
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 »
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.
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 »
Q: If they haven't found nothing on my MRI and I still have problems with my back do I still get a settlement
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.
Q: City job can employer take employees tips and give them to non profits/not allow worker to accept tips they are given?
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.
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
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 »
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 »
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 »
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
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.
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
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.
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 »
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 »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
