auto accident while on the job

[tpg21]

What is the name of your state? North Carolina
I was delivering pizzas in the snow in January. A truck came across the center line and hit me head on. He was charged with crossing the center, so my job refused to pay worker's comp. I had to get the worker's comp form and fill it out myself. I was in the hospital for over a week due to a broken neck and ankle. I had surgery on my ankle. It took a little over a month to start receiving worker's comp due to the fact my employer swore that they were not responsible for having to pay. Do I have a right to sue them, since they took so long to file my case with worker's comp and also since they put me out in the hazardous road conditions? I have a lawyer whose helping with the other person's insurance and the actual accident, but they don't handle employment issues. Thanks for any help.

 

[Beth3]

No, you cannot sue, although the State could probably impose a fine against your employer for failing to file a lost-time injury report with them timely.

I don't know NC WC reg's in particular but it's reasonable to assume the way this SHOULD have worked is for your employer to have filed a WC claim and their WC carrier should have paid for your lost wages and medical bills. The WC carrier can then subrogate their losses with the other driver's insurance carrier. The lawyer who is handling the auto accident for you should refer you to a WC attorney (or call one himself) to discuss the WC aspects of your situation.

 

[tpg21]

Thanks. My lawyer is the one who helped me get the form to fill out. I now receive worker's comp, but they keep trying to rush my recovery. Everyone told me that is normal of worker's comp though. Who would I contact to let the state know it took my employer so long to file a report?