And we are back with Nicole Patino
from the Law Offices of Nicole Patino,
as well as Gabe Snyder from Ward Black law,
and they're answering questions that
you have regarding employment and
law work issues and workman's comp.
All right, Gabe, this ones for you.
It says a friend was diagnosed with
COVID and was in intensive care
for an extended period of time.
She's works in cleaning services and
was responsible for cleaning areas
where others had contracted kovid.
She has been discouraged from
applying for workmans comp.
Any advice?
Goodness, well,
first of all I'm so sorry for your friend.
I hope she's feeling better now.
So it goes back to that.
Analysis will first inform us.
Your employer can't discourage you
from applying for workers comp.
I think the goal is going to talk
a little bit more about that,
but the bigger thing is analyzing it
the way that I that I said earlier,
which is what is it about your
profession that makes you more likely
to get COVID than the general public.
And so in this case,
if your friend was doing cleaning
services for where COVID.
Is located in hotbeds of COVID
will say that people are regularly
coming in with COVID and they're
having to clean that up.
I would say that there's
potentially a claim there.
I would definitely report it to workers comp.
I would at least try to get them to pay
the medical expenses and any lost wages.
And and if they don't,
it might be a good time to
hire and talk to an attorney.
And I'll just add to that.
In North Carolina there's a statute
called the North Carolina retaliatory
Employment Discrimination Act.
You have a statutory right to
follow workers comp claim,
and if your employer discourages
you or retaliates against you
for filing a workers comp claim,
you can contact the Department of
Labor and file a complaint for free.
They'll investigate,
or you can contact an attorney who
can help you complete that form and
you may be entitled to monetary
compensation just based on that.
OK,
all right? This person is.
Asking the employer is
releasing me from my position.
Is this a situation where I
can get out of my noncompete?
Absolutely, so that's something that
you'll have to work with the employer.
You may want to discuss
that with an attorney.
One of the things that we can do
is negotiate with your employer and
try to get a release of claims and
also to help you get out of that
non compete and see if there are any
other obligations that may impact
you moving on to your next position.
OK, and this question is
about the COVID vaccine.
If I have an adverse reaction
to the COVID vaccine does that.
Also go for workers comp.
So that's a great question,
and I actually represent people who
have adverse reactions to flu vaccines,
and so the requirement is you have to have
the employer require that vaccination.
So that's how you get
in the course and scope.
That's why it's considered
part of employment,
because how else would you be able to
get workers comp for just getting a vaccine?
Well, if the employer requires it,
we consider that part of work
and so many times a reaction can
happen is a cerva injury where the
injection happens up here and it
can cause the shoulder freezing
in different issues like that.
Which could definitely put you
out of work and definitely
calls you medical expenses.
So if you have an adverse reaction,
your employer required it.
Report that right away to your
employer and file a workers
comp claim all right.
Nicole, let's talk about this.
We've heard people say that you know
my employer is requiring the vaccine.
Do I have to have it now?
There's something where people
are now applying for jobs where
the application says you have
to have a vaccine to work here.
Is that legal?
Well, there has to be the opportunity
for you to engage in the interactive
process with the employer and
say I can't have the vaccine for
a disability related reason or a
sincerely held religious belief.
But if they give you that
opportunity and they don't just
reject the application flat out,
yes they can ask that and they can
actually withdraw a conditional
application of employment if you are
exhibiting COVID symptoms and can't
come into the workplace because of that.
OK, gave this is about workers comp.
If your job is sending
you like to go get lunch.
For everyone or something
like that and you get hurt.
Is that part of workers comp since
you're not actually in the building?
Yeah, actually there's there's
nothing in workers comp requiring
you to be in a specific location
or on the employer's premises.
So that's like an agency principle,
so you can think like the example that I
that I had in law school was, you know,
Grandma sends son to go get groceries.
Well, if he isn't acting as an
agent on behalf of his grandma,
and so if he's acting,
that would be for you,
the employee you're acting up.
Half of your employer and you get injured.
You can definitely receive
workers compensation that that
arise out of the course,
and the course is scope employment,
and you're also doing something
that furtherance of your employer.
So yes, definitely file.
Claim that case
OK and Nicole very quickly someone
just asked what is a noncompete?
The non compete is a restrictive
covenant that prevents you from
engaging in competitive activity,
working in the same position essentially
for a competitor of your employment, right?
A competitor of your employer.
OK, thank
you both for taking questions today.
We so appreciate that if
you have any questions,
I'm guessing you're going to find a
lot of the information that you have
questions about in our web story.
So take a look at it.
It's in the two wants to know section.