This form is a sample request for production of documents, tangible items and things submitted by the plaintiff to the defendant in a personal injury action involving claims of failure to pay Worker's Compensation benefits and wrongful termination.
North Carolina Request for Production of Documents - Worker's Compensation - Wrongful Termination
State:
Multi-State
Control #:
US-PI-0253
Format:
Word;
Rich Text
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How to fill out Request For Production Of Documents - Worker's Compensation - Wrongful Termination?
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FAQ
Workers compensation and employers liability is a form of no-fault insurance provided by the employer for the employee. The employee gives up certain rights to sue in exchange for protection from injuries incurred on the job.
What Is Considered Wrongful Termination in NC? The short answer is any termination that violates federal or state law, breaches a contract, or falls under a public policy exemption may be considered wrongful termination. There are laws that forbid dismissal in retaliation as well.
If the employer refuses to comply, the employee can continue to collect their workers' compensation benefits and does not have to come to work. You should contact an attorney if you are pressured to work in a manner that violates your work restrictions.
NCGS 97-2 defines the terms ?employee? and ?employment? for the purposes of determining eligibility for workers' compensation benefits. Employee means every person engaged in employment under any appoint, oral or written contract of hire or apprenticeship including aliens and minors.
Doing so is completely within your rights, even if you are currently receiving workers' compensation benefits in North Carolina. With the assistance of an attorney, you may be able to establish the link between your resignation and your injuries.
The Workers' Compensation Act places no duty on an employer to accommodate any restrictions or limitations; provide leave over and above what might be allowed to any other employee; or hold the injured worker's job open until he or she can return to work.
Other Laws that Help Safeguard Your Job in North Carolina The ADA may come into play in a case where an employee is fired after filing a workers' compensation claim because the ADA also prohibits an employer from terminating a worker on the basis of a disability.
Technically, you cannot be fired for filing a claim for workers' compensation. However, because North Carolina is an at-will employment state, your employer may decide to terminate you for other reasons.