[RidingRollerCoaster]

Hi

I am in North Carolina.

I got a head injury at work in March of 2014. Have had Post Concussion Syndrome and ongoing issues ever since. I filed a work. comp. claim right away. I tried to go back to work 3-months post injury at half-time. My work load was never changed or reduced, so I struggled through trying to keep up for 8 months. I then hired a lawyer who suggested I get my doctor to pull me out of work again. I did that for 6 months. Then my doctor approved me to go back to work part-time again. I went in to tell my employer this and they fired me on the spot saying that they had "moved on."

My lawyer says they are allowed to fire me and that there is nothing we can do. No action we can take against the employer. Isn't this some sort of discrimination? How can they fire me for no reason when my doctor approved me to go back to work? Is there really nothing my attorney should be doing? He basically said that we just wait around for my doctor to declare MMI, and then I see about looking for a new job. Is this right?

Also, I have a good doctor who is on my side and understands my injury. But I am afraid that WC will try to deny that I am still injured because I "look fine". Should I demand some sort of high-powered scan to "prove" that I still have a brain injury? Injury does not show up on regular CT or MRI scans.

Thank you!

[Jomar]

NC gov comp info link - It seems to have much less info than I recall the Oregon state site having...
http://www.ic.nc.gov/index.html

You might have to do some web searches using keywords like " work comp, fired, North Carolina" etc

Might also check out your atty for reviews /ratings...
Some states you can change atty but have to follow the rules and do it properly..
Most wc attys will not consult with if you already have an atty for you claim, you have to "fire' the 1st and then find a replacement.. but states vary so check NC for rules on that..

Generally wc will always deny unless a total clear cut claim , and a visible injury or loss of life.. invisible injuries are much harder to prove , so consistent dr care & clear reports are important..

Check the sticky thread here , they are older but many still have good info..

[DejaVu]

Hi Riding Roller Coaster,
I am very sorry about what's happened to you.
Seems like you should have some protection due to your injuries; however, each state has its own labor laws.

In addition to suggestions above, you might check in with your state's labor board at www.nclabor.com

See the Legal Affairs Division Info. Here: http://www.nclabor.com/legal.htm
See the "Retaliatory Employment Discrimination Act and Administrative Rules"
listed on that page as well, in order to see if anything applies to your situation.


For specific statutes pertaining to workers comp in N.C.: http://www.ncleg.net/gascripts/statu....pl?statute=97

In most states, the Dept. of Labor will answer your questions if you call them and explain your situation.

In states where employees are "employees at will," the employer does not need cause to let an employee go. I do not know the laws in North Carolina.

It does not hurt anything to call the Dept. of Labor and ask some questions.

I hope your Workers Comp continues to meet your needs.

Best Wishes,
DejaVu