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Leave Following a Workplace Injury

After being injured on the job many questions arise. One of those questions is: "what happens to the hours or days I had to miss immediately following my injury?"

Following an injury if you leave work during the day because of an injury, the entire day is counted as a compensable day. Once your injury is reported it is likely you will immediately leave to be seen by whomever the company directs. If the treating physician does not suggest or opine that your injury will require you to take time off from work, you are expected to return to work. However, if the treating physician writes you out of work because of your injury you are not required to work, but need to ensure that the treating physician provide documentation of the required time off.

Currently under North Carolina Workers' Compensation Act there is a seven-day waiting period where no compensation for time lost from work can be paid except when the injury results in disability for more than 21 days.           

There are two methods for dealing with a seven-day waiting period after an injury. The employee can use sick or vacation leave during those seven days, but if the accident causes more than 21 days out of work the employee will not be paid workers' compensation for those seven days. If the employee suspects the injury will cause more than 21 days out of work, he or she can go on workers' compensation leave with no pay for those seven days and be compensated with weekly benefits later.

 If you have questions regarding leave follwing your on the job injury please contact Miller Law Firm for a free consultation.

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