Legal Question in Workers Comp in North Carolina

May I do any kind of work while collecting on workmans comp?

I have been waiting to recieve monetary compesation for my injury since January 2005 and to date without success. I want to know if I can do babysitting to earn money since this is not a manual task.


Asked on 6/08/05, 4:03 pm

1 Answer from Attorneys

Stephen Camak Lennon, Camak & Bertics, PLLC

Re: May I do any kind of work while collecting on workmans comp?

It depends. If you were babysitting, as a second job, at the time you got hurt on your primary job, and are now physically able to sit, but not physically able to perform your primary job duties according to your doctor, I think you can babysit and still collect wc temporary total disability benefits from the primary job.

Under any other circumstances, you seriously jeopardize your entitlement to temporary total disability benefits, and may only thereafter be eligible for temporary partial or permanent partial disability benefits. It is generally held to be a crime to draw total disability benefits and earn wages at the same time in NC. I generally recommend people listen to the doctor regarding the safe parameters within which they can return to work and at what time.

You need to file a Form 18 (Employee's Claim Form)and Form 33 (Request for Hearing) with the North Carolina Industrial Commission ASAP, and certainly within two years of the date of your injury. Six months is too long to be waiting for benefits. See links at ncdisability.com for NC Industrial Commission information, and ask for/download a "Bulletin" from the Commission also. The "Bulletin" has lots of helpful hints/information on the process. Good luck!!

Best regards,

S. Neal Camak, Attorney

Law Offices of George W. Lennon

425 N. Boylan Ave.

Raleigh, NC 27603

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Answered on 6/09/05, 12:04 pm


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