You cover a lot of ground in your question, so I will try to at least hit the high points. First, I assume your attorney knows more of the facts than you were able to put in your question, so I would defer to your attorneys' advice and strongly urge you to schedule an appointment or phone call to discuss with your attorney.
Second, do NOT quit your job, as this will impact your ability to draw unemployment and take away several of your options as your claim progresses. I am concerned that your lawyer indicated to you that this scenario has never happened with them before, as it is a common issue in workers' compensation cases. Please discuss this with your attorney as I think you may have a misunderstanding of their response to this question (or you may have spoken with a staff member that misspoke.) Unfortunately, what is happening to you at work is what happens in just about all claims: As soon as a worker gets hurt, they become damaged goods to the employer and they are then treated poorly and avoided by coworkers that were their friends prior to the injury.
If you are terminated by your employer, your workers' compensation claim will continue, as will the employer's duty to provide medical treatment and wage loss benefits. Just make sure you do not give them a reason to terminate you, as this may impact your right to continuing wage loss benefits. You must keep your nose clean at work and do nothing to give them a reason to fire you, don't even come in a minute late for work.
After discussing this with your attorney, if you are still not satisfied, I suggest you contact an attorney that is Board Certified as a specialist in workers' compensation law by the State Bar. There are several very good ones in your area of the state.
Answers are intended for educational and informational purposes only, and do not establish an attorney-client relationship. If you need legal advice, contact an attorney.
Your current attorney is the person to ask.
The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.
I agree that your current Attorney is the best person to consult regarding your plan of action.
We give free general concepts to be helpful, but you should give ALL your facts to a licensed Attorney in your state before you RELY upon any legal advice.
You should follow up with your attorney on this. However, keep in mind that, aside from workers compensation, a decision to quit will impact unemployment benefits.
Kirk J. Angel is an experienced North Carolina licensed attorney who focuses his practice on employment law. Mr. Angel, who has focused on employment law for more than 15 years, represents clients throughout North Carolina and more information about him is available at www.theangellawfirm.com This response is for general informational purposes and does not constitute legal advice. Additionally, this response does not create an attorney client relationship. If you need legal advice, please contact a lawyer in your state who practices in the appropriate area.
Quitting your job in that situation is almost always a big mistake. Unemployment in NC is 9% or so right now so it may take months to find a new job. Mr Scudder has given you excellent advice.
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