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I was hurt on the job pretty bad and my employer wants to not run it through Workmen's Comp. is that e legal

Charlotte, NC |

They said they would pay for all doctors appointments surgeries prescriptions I had surgery done and I was just wondering about my rights I tore my bicep tendon had to have surgery I'm just worried about in the long run if I have to be off for a real long time are they going to continue to pay me or should I get a lawyer and go through Workmen's Comp. which they don't want to do

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Attorney answers 7


As long as they have enough employees to carry workers' compensation insurance (which I imagine they would) then it would probably protect you the most to run it through workers' compensation. You can hire a workers' compensation lawyer and they can walk you through the process and make sure you get the care you deserve. It will always come across as being biased when a workers' comp lawyer answers this question but you probably can best be served by an attorney in this situation - especially if your employer is already wanting to do things that aren't on the up and up.

You could attempt to do it on your own if you would rather do that. The main thing is you will want to go ahead and file a Form 18 to give proper notice of your workplace injury.

Are you receiving any kind fo benefits or are you already back at work? If you are out of work due to the injury they should be paying you 66% of your regular gross income.

Damon Duncan
Charlotte Workers' Compensation Lawyer

Duncan Law, PLLC
4801 E. Independence Blvd.
Suite 1100
Charlotte, NC 28212
(704) 563-1224

*This is not intended to be legal advice. To get legal advice you should hire a workers' compensation lawyer he can discuss your situation specifically.*


They are trying to cheat you out of all the other benefits normally provided by workers' comp. if you are covered by comp, they would have to pay 100% of your medical expenses and pay your wage loss. I have handled bicep tear cases before and in my experience that injury can often result in a disability bad enough to keep you from going back to your old job. Under NC law for injuries occurring on or after June 24, 2011, you can get up to 500 weeks of either total or partial wage loss benefits due to that disability. That benefit is what you may be giving up by not going through the workers' comp system.

I am a Board Certified Specialist in Workers' Compensation law with two deades of experience and I would be happy to give you a free consultation during regular business hours. I have published several legal guides on NC Workers' Comp here on AVVO that you can access on my AVVO profile. Don't hesitate to get in touch for a free consultation.


You should file a claim through workers comp immediately. Your employer is doing you ZERO favors by encouraging you not to file. To the contrary, they are only trying to protect their own interests to try and keep their insurance payments from going down.

You have rights are as Bob has said above, you are entitled to wage loss benefits for up to 500 weeks; you are entitled to medical and rehabilitative care (including job retraining or schooling, if necessary) and you are entitled to payment of benefits for permanent disability relative to your injury. File a claim IMMEDIATELY. You can go to the forms section of the NC Industrial Commission and print out a Form 18. This needs to be completed and filed with the Industrial Commission. The IC website has a page for injured workers and it is a great place to start. When you see a doctor, make sure that you document that you had a work related injury and be consistent with every doctor you see/speak to.

I would also recommend that you speak with an experienced Workers Comp lawyer to further discuss your case and your rights. I've attached a link to all of the certified specialists in the state. The most important thing for you now though is to get that claim filed.

Jesse Sayre Shapiro

Jesse Sayre Shapiro


I cannot edit my response so let me clarify here...your employer is afraid that their insurance payments will go up so they are trying to skirt their responsibilities to protect themselves. Their promises to help you are hollow...if they really wanted to help, they would have had you file your claim properly. Don't let them take advantage of you and your rights!


As the others have mentioned, this is a very bad idea. Unless your employer is Donald Trump, the payments will end prior to reaching your full recovery. The fact that the employer is trying to circumvent the law tells me that it does not intend to provide you the benefits to which you are entitled.

I am pleased to hear that you have had your surgery, as the key to a good recovery in this type of injury is prompt treatment.

I strongly suggest that you contact a Board Certified Workers' Compensation lawyer to discuss your claim. There are several in Charlotte, including Bob Bollinger who also answered your question.

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.


Under workers’ compensation, you would be entitled to payment of all medical expenses, payment for lost wages equal to 2/3 of your average weekly wage and payment for any disability rating assigned by your physician once you are released from care. You should ensure that your treating physician documents that your injury happened at work. Your employer is not looking out for you by trying to get around the system. As the other lawyers have said, you should file a claim with the NC Industrial Commission by filing a Form 18 immediately putting them on notice of your injury. Call a workers’ compensation attorney so that you can understand your rights.


All of the above are good answers and I would just like to add that what if your employer doesn’t keep his promise? You have no recourse against him. In the meantime, you can destroy your workers’ compensation claim- especially if you don’t tell the doctor’s how you got hurt. Additionally- your health insurance will have deductibles that you will have to pay, which you would not have under workers’ compensation. If your employer is honorable and wants to help you get better- they would help you file the workers’ compensation claim. I would be happy, as well, to sit down with you for a free consultation but I would definitely recommend that you seek legal help.

Martha Ramsay is a North Carolina attorney. As such, her responses to posted inquiries, such as the one above, are limited to her understanding of law in the jurisdiction in which she practices and not to any other jurisdiction. In addition, this answer is not a substitute for a proper legal evaluation of the facts in your specific case. Additional facts may alter the evaluation. Do not rely upon this answer to decide whether or not to pursue a claim. There are time limits in legal claims and this answer does not evaluate those time limits. No attorney-client relationship has been created by this answer.


A lot of employers are failing to carry workers comp insurance these days in order to try and save money. Your employer may be in that boat. I suggest you go to the NC Industrial Commission website and download a Form 18 to file a claim. Or even better, speak with a qualified worker's comp lawyer asap. The employer and/or carrier are responsible for all your medical bills related to the injury, as well as weekly payments to you. Once you are out of work 21 days, then they have to catch you up for the first 8 days that they did not pay you benefits. Once a doctor rates your amount of PPD to the arm, then that will quantify into additional monies they owe you. Workers comp is a very complex area of law which many attorneys do not practice and do not understand. Most attorneys like us who do these cases charge a contingent fee so that you do not pay anything unless the attorney settles or wins your case in court.

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