David G. Schiller represents North Carolina employees in a wide range of employment law cases — including workers’ compensation.
The Workers’ Compensation Act is the law that governs most on-the-job accidents and occupational diseases.
Workers’ compensation is a no-fault system. The critical question is not whether or not the employer’s negligence caused the injury. Rather, in order to recover benefits, the employee must prove: (1) there was an injury by accident, (2) the injury arose out of employment, and (3) that the injury was sustained in the course of employment.
The Industrial Commission is the state body that has the power to make rules, consistent with the Workers’ Compensation Act, and to hear workers’ compensation cases.
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You may call our office at (919) 789-4677 to discuss your employment law issue.
Employee’s Responsibilities
The employee must report the accident to the employer immediately and must give the employer written notice of the accident within 30 days of the accident.
The employee must inform the medical providers how the injury occurred and whether it occurred while at work.
The employee must cooperate with vocational rehabilitation efforts (returning to work).
Employee’s Rights
The employee has the right to medical treatment related to the on-the-job injury.
The employee has the right to request a treating physician of his or her choice.
The employee has the right to request a second medical opinion.
The employee has the right to receive medical examinations without the presence of the rehabilitation nurse.
The employee has the right to obtain all medical records that the employer has obtained.
It is unlawful to fire an employee because the employee in good faith files or threatens to file for workers’ compensation benefits (see REDA).