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When you are injured on the job in North Carolina, your employer or their workers’ compensation insurance carrier has the right to choose your treating physician. In instances where you feel you could benefit from a second opinion, it is best to first petition the Industrial Commission for approval. Petitioning the North Carolina Industrial Commission, like all aspects of workers’ compensation, can be incredibly complex.

Your right to file a claim for pain and suffering following an on the job injury will depend on the cause of your accident and the circumstances surrounding it. As a general rule, when you file a workers’ compensation claim, you waive your right to take further legal action. However, if your injury was caused by a third party, you may be entitled to file a personal injury lawsuit and seek damages in excess of those covered by workers’ compensation.

Your labor union can provide support and, in many cases, documentation that assists in your workers’ compensation claim. However, it is still in your best interests to have a dedicated Greenville workplace injury lawyer on your side before you file your claim. Unions do not typically provide assistance in filling for workers’ compensation, but may be able to provide you with both resources and protection against unfair treatment during your time away from the job.

If you are injured on the job, can your employer force you to sign a waiver stating you will not sue? Sadly, in the state of North Carolina, yes they can. There are exceptions to this rule. For example, if you have a union contract that prohibits this type of action or if you were injured by a third party, you cannot be forced to sign a waiver. However, under most circumstances, your employer can require that you sign a waiver before they cooperate with a workers’ comp claim. The signing of a waiver is generally unnecessary.