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  1. #1
    Join Date
    Oct 2009

    Post Do I Have a Workmans Compensation Claim

    My question involves workers compensation law for the state of: North Carolina

    I was working for Target Corporation last year I was hired on October 31st just for seasonal help. I was working there for about a week and I hurt my foot while working I could still walk on it that night but it was very tender. The next morning I woke up and I could barley stand on it so I went to my doctor who looked at it and sent me to a orthopedic doctor. While I was there he looked at my foot and gave a guess at to what the problem was and told me I would need to get an MRI to confirm what he thought it was but the problem is I had no insurance and he told me the cheapest MRI I could get would be somewhere around $560 cash that day and there was no way I was going to be able to pay that. He said that from what I told him, where the pain was and how I couldn't walk on it there was a chance I tore the tendon in the arch of my foot. So he put me in a soft cast and told me to stay off of it for 6 weeks. I took my doctors note to Target where they told me there was no problem and to keep them posted on whats going on and whenever I was able to come back that there would be no problem. Long story short less than a week later I find out that I'm fired. I start collecting unemployment and Target Corp. tries to appeal my claim but that fails while in the conference call with North Carolina Employment Securities and Target Corp. I find out that I was fired because I was withing a 90 day period and they said I never came back after my first doctors note when I actually brought 2 doctors notes 1 saying I had to go to the orthopedic surgeon and the other from the orthopedic surgeon saying I had to be out for 6 weeks but some how they didn't have second one even though I watched my supervisor make a copy of it. Anyways NC Employment Security asked me why I never went to get workman's compensation and then I was also talking to someone else and they said that I should go and get a lawyer. I was just wondering if I do have claim and if I should get a lawyer. Sorry for it being so long I just wanted to get as much detail in as I could.

  2. #2
    Join Date
    Jun 2006

    Default Re: Do I Have a Workmans Compensation Claim

    So, why didn't you file a workers comp claim at the time?

    You may or may not be able to file one now. In most states there is a time limit, after which you can no longer file. I don't know what it is in your state.

    It can't hurt to talk to a workers compensation attorney, who should be able to tell you if you have any chance of getting the claim approved now.

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