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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 111683
Experience:  20+ Years of Employment Law Experience
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Are there certified, experienced north Carolina lawyers on

Customer Question

Are there certified, experienced north Carolina lawyers on line?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Unfortunately, we have no NC attorneys online and our site terms provide we are forbidden from providing legal representation and we are only allowed to provide information to customers regarding their situation and potential option that may exist for them to resolve their situation based on the NC and federal laws.. If that is sufficient for you, if you could please tell us the situation and your question we would be glad to assist.

Customer: replied 1 year ago.
Excuse me could you tell me again how you will be able to help me without knowing NC workers comp law?
Expert:  Law Educator, Esq. replied 1 year ago.

As an attorney I am familiar with and have access to the NC laws on workers compensation and have the ability to discuss them to head you in the right direction. If that is not what you intended, I apologize for confusion with what this service can legally provide and you would need to seek out a local attorney for a consultation from one of the same sites used by other attorneys, http://www.hg.org or http://www.lexmundi.com

Customer: replied 1 year ago.
Did not mean to offend you. Just trying not to get lost in translation. I am not looking for legal representation. This site has helped me more than once understand my nightmare. Are you still game to help me?
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply. Absolutely no offense was taken, we understand people new to this type of service do not know exactly how it can be used for them. This service is intended to sometimes save people the expense of paying an hourly rate to an attorney locally when the laws may indicate there is no need to do so or there may be something that a person can do on their own without a local attorney. We inform people on what the laws are based on their situation and potential options if any exist so they are educated as to how to proceed or if they have anything to legally proceed upon.

I am more than willing to help you if you explain what is going on and what your specific questions are.

Customer: replied 1 year ago.
OK. I am writing.
Expert:  Law Educator, Esq. replied 1 year ago.

Okay, just respond when you have completed writing, no need to respond until then as it puts your question in line to be answered and prevents me from assisting other customers.

Customer: replied 1 year ago.
February 11, 2014 fell at my job. I am a Registered Nurse Supervisor. Out and in of work. Pain Workers Comp for 4 weeks through all this time. Needed MRI had waited 8 months for Orthopedic Surgeon to get results from the Veterans. Finally, I wrote Senator Kay Hagan and she got them to me within 2 weeks. Was able to have, have slipped vertebrae.Warden would not adhere to the Surgeons accommodations written August 18, 2015. No pushing, pulling lifting 5-10 pounds, no walking less than 20 minutes. He said a hollow, metal, prison door did not weigh more than 10 pounds. Unbelievable! In and out of work since then and all of vacation, sick, bonus time gone. October 9th fell again from doors pushing me back. My attorneys are young in their field. I have took advice and tried to talk with them. Mediation on first case Nov 13th, no stagedty, no calls I plan to sign nothing. Is the Media my only option. Single mother with 10 year old, no family left, not seeking sympathy, it is what it is.
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply. As you did not pose a specific, but more general question, I will answer you in general based on your facts and NC and Federal Law and if you have further more direct and specific follow up questions, please use "reply" and ask them and I am happy to answer them (they are all included in the same question fee without additional charges) and the expert, who is not an employee of this site receives nothing for spending time with you until we are done and you leave positive feedback.

Mediation is only the first step, but it is not the only option. If you do not agree with what is offered in mediation, which is part of the alternative dispute resolution process, you do not have to sign agreeing to any deals and in that case the matter would go to court for a trial. Under NC workers compensation, as you may or may not know, you are entitled to payment of all medical expenses, payment for any lost wages from your inability to work and if you are shown upon maximum medical improvement to have a permanent disability and disability rating from your doctor a possible lump sum permanent disability payment. No pain and suffering is allowed under workers compensation under NC law.

Legally, in NC, absent any written contract of employment to the contrary, the employer does not have to provide light or limited duty (accommodations must be provided pursuant to the Americans with Disabilities Act only for a permanent disability that impairs a major life function). So, if the employer's "accommodations" for your limited duty cannot suit what your doctor requires, the employee has no choice but to remain out of work and collect temporary total disability pay under workers compensation. Your sick, vacation, bonus time should not be used if you are out under workers compensation and workers compensation should be paying you for temporary total disability and your sick/vacation/bonus time should be restored.

If your attorneys are not properly representing you in the matter, you have a legal right to terminate their services and obtain more qualified workers compensation counsel. In mediation, the attorneys should be presenting evidence of your injury being work related and also the reports of the doctors regarding your diagnosis, prognosis and need for continuing treatment and any limitations you have now. You also need to get your attorneys the information regarding the activities you were being made to perform on the limited duty and how those activities were outside of the scope of your doctor's limitations. If your attorneys are not presenting this in mediation together with trying to get your sick/vacation/bonus time back and getting you paid through the temporary total disability, then you need to consider switching attorneys. Before you switch, you are entitled to and should demand a meeting with your attorneys and discuss your problems you are having with their handling of the case and demand they disclose their strategy to you so you can know how they will proceed and also telling them what you want from them in the case.

Customer: replied 1 year ago.
I have called them and asked for an appointment. The paralegal said I might not even have the same Attorney I have been working with. Any one in their right mind knows that prison doors are so very heavy. Since the Warden said they were not, it seems they should have had someone neutral come in and measure the torque and pull the maintenance man and human resources person is certainly not qualified. They have took everything. Do I have anything to lose by going to the media now?
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

That means you may want to consider seeking new counsel, since this firm is evidently not giving your case the attention you require. While I know that prison doors are heavier than 10 pounds, the legal process requires you at least put some evidence on the record or ask the court to take "judicial notice" of that commonly known fact. If the warden says they are not, then you have the burden of bringing someone in to testify that they are, that is part of the legal burden shifting process in court.

The media is not going to get involved because of the litigation in process, so while you could go to them, they are not likely going to want to be involved. Also, you have enough to resolve this in the proper legal forum, so media exposure really does not get you much to resolving your case.

Expert:  Law Educator, Esq. replied 1 year ago.

I am sorry, you have asked a question and received time from the expert, were there further questions you had for us? Thank you for responding.