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Fired still getting workers comp

Charlotte, NC |

My husband was hurt last November (2012). He went out on workers comp. The doctor wrote him back to work in August (2013). When my husband went to his job his manager told him that they did not feel comfortable letting him return because of his knee.(He was an a/c technician). They let him go because they said there was nothing else within the company that he can do. He was told my HR that they would contact the workers comp company. My husband also called and told her that he was laid off. It has been a month now and he is still getting his weekly checks. Is this normal. No one can seem to tell us if he should have stopped getting it. We live in North Carolina if that helps. Thanks

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Attorney answers 6


Each state is different but in my state If he is still not at maximum medical improvement and they do not have a job for him then the ins co would have to continue paying temp benefits. NC attys will have to say if that is the case there.


Your husband is entitled to ongoing workers comp benefits. This situation is common in North Carolina workers comp cases. I strongly recommend retaining a lawyer as there are a lot of issues that will be coming up.


It sounds like your husband has work restrictions and is entitled to on going weekly benefits. However I am not sure you have provided enough information to allow for a complete answer here. I suggest you contact an experienced workers' compensation attorney who will meet with you for a free consultation.

You should consult an attorney for advice regarding your individual situation since every case is different and not all information is relayed in an online question. The Hedrick Law Firm is a workers’ compensation firm located in Wilmington, NC, we invite you to contact us and welcome your calls at 910-343-1432. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.


Your husband needs to do a diligent and reasonable job search, and keep a detailed written record of it, in order to maintain his eligibility for the weekly disability checks. I have an article about "Proving Disability" on my web site that you may find helpful.

This answer is intended as general information and not as specific legal advice. If you want to have a free consultation with me, please contact me through AVVO.


It would seem that due to his knee injury your husband's ability to continue not only his job but his profession as an A/C technician is seriously in jeopardy. While he needs to start looking for other jobs and document his job search if he cannot return to being an AC tech he may be entitled to be paid if he finds a job that pay significantly less money. Alternatively he could be entitled to have the insurance company pay to retrain him into another career to make sure he can make similar wages. You should also consider the necessity of a total knee replacement surgery somewhere after age 50 which the insurance company will be required to pay for as well as the significant impairment rating that will result. Consult an experienced attorney to evaluate the various option and make the best decision for his long term interest.


I am sorry about your husband's injury. Workers' compensation looks at the worker's disability. If he has work restrictions that prevent him from doing his job then he is entitled to workers' compensation benefits. But for the knee injury he would still be working and receiving his salary. Worker's compensation is designed to replace the wages he lost as a result of his injury.
There are a great many issues in his case. He needs to have a consultation with a workers' compensation attorney. Most attorneys do not charge for a consultation. The attorney can give you information that will help protect his rights.

I am licensed to practice law only in North Carolina. My answer provides only general information. Do not rely on this answer as specific legal advice for your particular situation. This answer does not form an attorney-client relationship. You should consult with an attorney to fully discuss your situation and to obtain advise about your legal rights and obligations.