North Carolina Worker's Compensation - Help For Injured North Carolina Workers

• North Carolina Worker's Compensation - Quick facts about worker's compensation law, benefits and lawyer fees.

• North Carolina Worker's Compensation Resources - Links and resources for injured workers.

Results 1 to 5 of 5
  1. #1
    Join Date
    May 2011
    Posts
    3

    Default Boss Won't File Worker's Comp Claim for an Injured Worker

    My husband fell off a ladder and his back hurts. His job sent him to a doctor ( general) took xrays and sent him to PT and gave him restrictions at the job. Which are mostly sitting no bending, lifting ect.. His job is very physically challenging and requires a lot of work outside the company. The first day back the boss was very angry saying nothing is wrong with him and he can work. Then he turned around and said he just wants him coming to work and sitting as much as possible and he won't file a WC claim because he will lose job contracts. I know I should file a claim for him, but I am afraid it will cost him his job, everyone at this small company is pressuring him to work and saying pain in the back is nothing. The doctor did find an abnormality in the back on the Xray( his lower spine is not curving where it is supposed to), but did not give it a name. Where do I go from here? My husband is the only bread winner in the house and I am lost. Thanks for the help.

  2. #2
    Join Date
    Mar 2011
    Posts
    291

    Default Re: Boss Won't File WC for Hubby and I Am Afraid to Do It

    it's your husband's choice as it is his injury.
    you are not his legal representative and cannot sign for him or go to the doctor for him or cash his disability checks.
    if he is not willing there is little you can do but offer your support and wait until is is ready.

  3. #3
    Join Date
    May 2011
    Posts
    3

    Default Re: Boss Won't File WC for Hubby and I Am Afraid to Do It

    Quote Quoting SH. View Post
    it's your husband's choice as it is his injury.
    you are not his legal representative and cannot sign for him or go to the doctor for him or cash his disability checks.
    if he is not willing there is little you can do but offer your support and wait until is is ready.
    I guess I should clarify.. We work as a team and hubby is afraid to file because of the after effects. I am not looking to sign anything . Just some information or help. Thanks.

  4. #4
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Boss Won't File WC for Hubby and I Am Afraid to Do It

    How do you "work as a team", and yet he is the only breadwinner?

    Form 18This is where you begin when you have a claim. This form MUST be filled out completely and submitted to the Industrial Commission when you have been injured on the job..http://www.ic.nc.gov/forms/form18a.pdf


    Form 18 for Electronic Submission
    .

    This version of the Form 18 allows for filling out and submitting it on-line. You must have Adobe Reader version 7.0 or later and a valid e-mail address to submit this form on-line. http://www.ic.nc.gov/forms/form18a.pdf
    When he sought treatment for the injury, he was required to provide the ER name/address...this allows the provider to bill as a comp claim.
    At any rate...the "third" step for work injury is
    As soon as possible, inform an appropriate manager of your employer or the owner of your company that you have experienced a work related accident. If you can personally report your injury, do so. If you are unable to report your injury because of your medical condition, have a family member, friend or health care provider notify your employer of the injury as soon as possible..
    More on NC comp is here http://www.ic.nc.gov/claimants.html

    WC is not about choices...the law requires a claim be filed, the ER is liable for injury. If his ER is not insured, there may be other difficulties facing this ER. That's not your problem.
    It would also be illegal to terminate an EE/IW due to the injury or filing a claim for WC benefits.
    Contact a certified WC atty when you are delayed/denied benefits, stop listening to those around you who have likely never filed a claim. They probably know less than you do.
    Spend some time reading the info at the link above.

  5. #5
    Join Date
    Feb 2007
    Location
    Charlotte, NC
    Posts
    3,093

    Default Re: Boss Won't File Worker's Comp Claim for an Injured Worker

    He needs to fill out the NC Industrial Commission Form 18 and send it to the Ind Commn in Raleigh, with a copy to his own file and a copy to the idiot employer. The Employer is not likely to lose job contracts over this, but the employer may be charged with a felony of work comp fraud if he does not follow the rules.

    Your husband should get some legal advice from an experienced work comp lawyer. No one is going to protect his interests at the company. If the back injury turns out to be something serious, he will be glad he filed the claim. And he has to give the employer written notice of it within 30 days anyway, so he needs to do the Form 18 asap.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney at Law

Similar Threads

  1. Replies: 5
    Last Post: 04-24-2011, 10:26 PM
  2. Injured Worker's Claim Disputed by Workers Comp
    By pplrstrng in forum Indiana
    Replies: 3
    Last Post: 08-15-2010, 06:03 PM
  3. When is it Too Late to File a Worker's Comp Claim
    By Oneluv1627 in forum Oklahoma
    Replies: 2
    Last Post: 08-08-2010, 08:20 AM
  4. Injured federal worker denied workers comp claim
    By rickb in forum Federal Employees Workers' Comp
    Replies: 1
    Last Post: 02-07-2008, 03:25 PM
  5. Replies: 23
    Last Post: 06-06-2006, 06:26 AM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 


Find a Lawyer