In a workers’ compensation case you are not able to choose your own doctor. As a general rule, your employer has the right to choose a doctor to treat your injuries. The doctor chosen does not have to be your own personal doctor and is, instead, likely to be a doctor that your company regularly uses.
No, your employer cannot fire you simply because you have been injured at work and filed a workers’ compensation claim. Any employer who uses retaliatory action such as terminating you from your job due to an injury sustained on the job could be violating a North Carolina law known as the Retaliatory Employment Discrimination Act, also known as “REDA”. If an employer violates this law by terminating you because of your injury on the job, you should contact a workers’ compensation attorney immediately. In this event, you can bring a court action against the employer and seek damages from the employer. The court may order you to be reinstated to your old position and order that you be compensated for your for lost wages, benefits, and seniority.
As an employee, you cannot sue your employer for a work related injury. If the injury has occurred within the scope of your employment, you must claim your injury through the workers’ compensation system. The workers’ compensation system was set up as a form of insurance for both you and your employer. The system is looked at as a “no fault system” which means that injuries are viewed as an unavoidable aspect of work relationships and there is no need to prove that your employer or a certain person caused your injury.
Workers’ Compensation is a unique area of law. Unlike other areas of the law, if you have a workers’ compensation claim you do not go in front of a jury or even a traditional judge. The current workers’ compensation laws were developed to keep claims of injured workers out of the court.
The typical worker’s compensation case varies depending upon the facts of the case. Usually the employee is injured on the job by an accident. There are six common steps to handling a workers’ compensation claim.
http://www.youtube.com/watch?v=Cx4t2awf0kE A nursing home abuse and neglect case is a type of medical malpractice case. These types of cases are known as a complex litigation case. The usual timeline from the date of filing a lawsuit, also known as the complaint, to settlement or trial is usually anywhere from one to three years. You are … Read more
http://www.youtube.com/watch?v=0PPh0265r3o Duncan Law – Why Should I Hire an Attorney for My Worker’s Compensation Claim? Injured at work, workers compensation, work accident, attorney for injury at work, lawyer for injury at work, attorneys for injury at work, lawyers for injury at work, law firm for injury at work, workers comp, workers compensation attorney, workers compensation … Read more
http://www.youtube.com/watch?v=ktVNtA_EZos Duncan Law – Lawyer for Work Injuries in Charlotte NC. What is a Worker’s Compensation Claim? Injured at work, workers compensation, work accident, attorney for injury at work, lawyer for injury at work, attorneys for injury at work, lawyers for injury at work, law firm for injury at work, workers comp, workers compensation attorney, … Read more
http://www.youtube.com/watch?v=oN9aZtzmqX0 Duncan Law – How Long Do I Have to File a Worker’s Compensation Claim? Injured at work, workers compensation, work accident, attorney for injury at work, lawyer for injury at work, attorneys for injury at work, lawyers for injury at work, law firm for injury at work, workers comp, workers compensation attorney, workers compensation … Read more
If you or a loved one has been injured or severely neglected in a nursing home, the timeframe to seek damages against the facility and staff is limited by law in North Carolina to three years from the last act of malpractice. In other words, you must file a lawsuit prior to the three year … Read more
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