This is one of the official workers' compensation forms for the the state of North Carolina
North Carolina Report of Mediator for Workers' Compensation
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FAQ
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.
Costs risk if you unreasonably refuse to mediate You should expect the court to impose costs sanctions if you ignore or unreasonably turn down an invitation to mediate or indeed if you fail to consider mediation at all.
To protect such public interest, mediation can be made compulsory to the parties, when there are elements of settlement, though the parties are not agreeing for such course in the beginning. Once they are into the process, they will understand the effectiveness of the process and participate in mediation.
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.
An employee's death may be covered by workers' compensation in NC if it is related to a workplace injury by accident or occupational disease, and occurs within 1) six years from the date of an injury or onset of disability related to an occupational disease, or 2) two years from a final determination of disability.
For most civil court-related matters including family cases, the mediator's fee ranges from $150-$250 per hour split between the parties. CDSS charges a one-time administrative fee of $150, which is also split between the parties.
So it is 66 and two thirds percent of your average weekly wage that you're entitled to for workers compensation benefits. That is what's called your compensation rate. So the amount that you'll receive when you're unable to work is two thirds of your average weekly wage.
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.
Since 1995, North Carolina has made mediation (i.e., mediated settlement conferences) mandatory in all Superior Court actions.Although mediation is less formal than a trial, it is still a legal proceeding guided by rules adopted by the North Carolina Supreme Court and the North Carolina Dispute Resolution Commission.