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North Carolina Workers' Compensation Questions & Answers
3 Answers | Asked in Workers' Compensation for North Carolina on
Q: Can I file workers comp for an injury that occurred at work while I was still employed there in February ‘19?

My employer was aware of my injury as it happened in front of him but I did not file a claim at the time. There were multiple witnesses and I did have to go to urgent care due to this injury. I have record of that visit. This injury continued causing problems for the next two years including... Read more »

David Gantt
David Gantt answered on May 25, 2021

Yes, in some situations. While NC law technically requires filing a workers' compensation claim within thirty (30) days of the accident, the Court will accept claims filed within two (2) years in most situations. The Courts have generally held that claims filed within two (2) years are... Read more »

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2 Answers | Asked in Workers' Compensation for North Carolina on
Q: As a NC business owner currently involved in a work comp claim, can the carrier's defense council legally threaten...

not to settle my current claim if I renew my WC policy w/ them now that it's up for renewal. They no longer want to insure my company. Can't find another carrier because of my open claim. My attorney doesn't seem to know the answer.

David Gantt
David Gantt answered on Apr 28, 2021

While I would not be comfortable directly answering your question while you have legal counsel, I will suggest you contact NC Department of Insurance 1-855-408-1212; www.ncdoi.gov for a response to the obvious conflicts of interest here.

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1 Answer | Asked in Workers' Compensation and Employment Discrimination for North Carolina on
Q: My former boss is trying to make me pay for being taken back to my car when I quit

My former employer is telling me I have to pay for the gas, time and usage of a company truck to take me to my car because I quit on a job site

Ina Shtukar
Ina Shtukar answered on Mar 25, 2021

This is not a workers' comp question, but employment law instead. The answer will depend on the arrangement you had with your employer in regard to the use of the company vehicle. Were you given a company vehicle to drive? Did you also get a gas card? Were you allowed to take the vehicle to... Read more »

1 Answer | Asked in Workers' Compensation for North Carolina on
Q: Do I have the right to deny a recommended procedure by a doctor and still be covered by W/C for possible future surgery?
David Gantt
David Gantt answered on Nov 24, 2020

NC law requires injured workers be given reasonable and necessary medical care. Our law also gives WC insurance companies the right to control medical treatment as long as they recognize the WC claim. Future medical treatment can be claimed for two (2) years after the last payment of weekly wage... Read more »

2 Answers | Asked in Workers' Compensation for North Carolina on
Q: I recently broke my foot at work and now the workmans comp adjuster wants a recorded statement. What do I do?

I told her I needed to consult with an atty 1st.

David Gantt
David Gantt answered on Nov 19, 2020

You should speak with an experienced Workers' Compensation lawyer before making any recorded statement. NC law does not automatically recognize and accept injuries just because they happen at work. The law also requires an accident or very specific occupational disease (not applicable to a... Read more »

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1 Answer | Asked in Workers' Compensation for North Carolina on
Q: Asked ...Is it legal in NC for employer to fill out initial accident report and file w/out employee knowledge or signing

I'm sorry forms 18 and 19 were filled out properly by both employee and employer ..my question is regarding the initial accident/injury report (employer form to be filled out by employee) this form was filled out by the employer NOT employee as it states on the top if the form after it was... Read more »

David Gantt
David Gantt answered on Oct 9, 2020

While signing the employee's name on a form that was not authorized by him/her is fraudulent, I don't know of any specific legal penalties you could gain from a false private internal company document. You certainly could use the unauthorized document as evidence of lack of employer... Read more »

1 Answer | Asked in Workers' Compensation for North Carolina on
Q: In NC is it legal for an employer to fill out injury report and file it for an employee without their knowledge

The injury report was not written or even seen by me until 9 months later and denial from insurance to cover my injury.. my signature was not obtained and the employer did not write correctly what happened or even go over the details of the accident/injury with me. but employer submitted it to... Read more »

David Gantt
David Gantt answered on Oct 5, 2020

The NC Court that handles workers' compensation (WC) cases has specific forms for both employees (Form 18) and employers (Form 19) to fill out within thirty (30) days of a work accident. However, the Court will consider employee injury reports as old as two (2) years from the accident... Read more »

1 Answer | Asked in Workers' Compensation for North Carolina on
Q: Can workmen compensation insurance deny your claim and not notify you?

I was denied wirkmen compensation for a third claim. Was never notofied by workmen comp the claim was denied . Insteaf I was forced into mediation relsasing thevworkmen comp insurance of all clailms. I was nevet sent a demial of claim in wtiting.

David Gantt
David Gantt answered on Sep 17, 2020

In NC, you can always request a hearing before the Industrial Commission (Workers' Compensation Court) on any disputes. Insurance companies are supposed to promptly respond with written answer to any WC notice of accidents, but are rarely penalized for failure to do so. Disputed claims are... Read more »

Q: If a respondent objects to answering interrogatories on grounds of broad, burdensome, how can I respond to get the info?

95% of my requests were responded this way. I am pro se in arbitration in a labor case on issues of discrimination, retaliation, and constructive discharge. I have no money for an attorney.

Kirk Angel
Kirk Angel answered on Apr 26, 2020

Send a letter to the other party's attorney telling them you need the answer within a certain period for example 10 days or two weeks of the date of your letter to them. Offer to talk about the information and why you need it. See if you can work out a deal to get all the information or your... Read more »

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'... 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... 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...
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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.... 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.

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