North Carolina Notice to Employee of Payment Without Prejudice for Workers' Compensation

The North Carolina Workers' Compensation Act (NCWCA) states all businesses with three or more employees must carry workers' compensation insurance. This includes businesses operating as: Corporations. Sole proprietorships.

Employees in North Carolina cannot be fired while on workers' compensation without a legitimate, non-discriminatory reason for the termination.If you are afraid of getting fired for filing a claim, contact the Ramsay Law Firm at (704) 376-1616.

Workers' compensation insurance doesn't cover unemployment expenses, injuries that occur outside of work or wrongful termination. It doesn't cover injuries resulting from fights at work, alcohol- or drug-related injuries on the job.

A worker is disqualified where the injury: (1) is caused by the worker's own intoxication (alcohol or other controlled substance as defined by the Health and Safety Code; (2) is intentionally self-inflicted; (3) occurs out of an altercation (mutual combat) where the claimant was the initial physical aggressor; (4)

The short answer is, no, your employer cannot fire you merely because of your workers' compensation claim.But your employer must be able to show there were reasons for firing you or laying you off that didn't have to do with your filing a workers' compensation claim.

In the formal legal world, a court case that is dismissed with prejudice means that it is dismissed permanently. A case dismissed with prejudice is over and done with, once and for all, and can't be brought back to court. A case dismissed without prejudice means the opposite. It's not dismissed forever.

There's nothing in the workers compensation law that protects your employment status. If you come back to work, you are not guaranteed a specific job or rate of pay. You will be entitled to differential wage loss benefits if your work injury prevents you from earning full, pre-injury wages.

It simply means that the carrier is not accepting liability by making payments.Unless the Carrier sends a notice of termination within the year, the payments are deemed an admission of liability. Sometimes, the carrier may also grant certain treatment without prejudice.

If You're Fired, You Won't Lose Your Workers' Comp Claim. Luckily, your workers' compensation claim and the benefits you receive from it won't disappear if you do get fired. You'll still receive the benefits until your doctor tells you that you're ready to get back to work.