Legal Question in Workers Comp in North Carolina
I know the Industrial Comm. is the authority on the Workman's Comp. This is about the termination. Do/could I have a case?
From: [email protected]
Subject: FW: Keith Smith
Date: Fri, 21 Jan 2011 13:54:11 +0000
...and they have yet to send me a COBRA package.
From: [email protected]
Subject: FW: Keith Smith
Date: Thu, 20 Jan 2011 22:12:59 +0000
January 20, 2011
Dr. David Seaman:
Hello! I am just providing an update of my struggle to secure Workmen's Comp.
Bellow is some contact that I had with Cummins RMEP. Ms. Davis is HR. Ms. Greer is Employee Relations. Charlie S. is safety. Ext. 3631 & Melisa are Xchanging contacts. The dates are correct & I have not heard from ANY of the above since.
I was fired on 12/07/10.
I was felling ok, but now that I have a cold I do feel a discomfort every time I cough. Hernia may be protruding more. I could use some Amoxicillin, but I have no insurance.
I mailed form 18 to NCIC last week. Perhaps they can tell me if Xchanging is legit. If not, don't you think Cummins skirted my right to adjudication?
NCIS may or may not call you. Obviously, I could use any assistance.
Thank You.
James Keith Smith
1103 Fairfield Rd.
Nashville NC 27856
From: [email protected]
To: [email protected]; [email protected]; [email protected]
Subject: RE: Keith Smith
Date: Mon, 10 Jan 2011 16:40:33 +0000
time to go the municipal route I guess.
From: [email protected]
Subject: RE: Keith Smith
Date: Thu, 6 Jan 2011 15:36:49 +0000
Hello Amy,
Feel free to ask any questions to clairify your understanding of things if you wish. Xchanging got my date of injury wrong & its in a detrimental direction. I need a copy of the accident report that I filled out on Nov.30. Also, I left a message on ext. 3631 on 12/20/10 and talked to Melisa on 12/28. They have yet to call or write me back.
On 12/28 I discovered Chapter 97. According to Chapter 97 NCGS, something is supposed to happen within 14 days. I called the NC Industrial Commission on 12/29 & was informed that they had no record of me or my injury. This is why I asked by what authority is Xchanging in the loop. Am I not entitled to a third party review that could potentially rule in my favor? Educate me if you will.
I have yet to receive a penny in compensation on any assurance of medical treatment.
Help if you can.
Thank You.
Keith Smith
Date: Thu, 6 Jan 2011 09:33:54 -0500
From: [email protected]
Subject: Re: Keith Smith
Hello Keith,
Yes this is my email address. I believe I also received a phone message from you last night, but I have not yet had the opportunity to return your call. You mentioned you were having difficulty reaching the Xchanging contact?
Amy Greer, SPHR
Employee Relations Manager
Cummins Rocky Mount Engine Plant
Phone: 252.437.9612
Cell Phone: 252.955.0988
Fax: 252.437.9011
From: Keith Smith
Date: 01/05/2011 08:30 AM
Subject: Keith Smith
1 Answer from Attorneys
You need a workers' comp lawyer. You will get nowhere with this unless you have a competent work comp lawyer helping you. It appears that you are relying on the employer to "educate you" about your rights. That is not a good idea.
I have tried to read through your post twice and I did not see anything about a termination.
Good luck.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
