HERTFORD CO., NC – An employee for the county is fighting over worker's compensation.

He's asked to remain anonymous.

"When I had the accident I could tell then I was hurt," he said.  "They x-rayed and said everything was going to be fine -- it was just probably going to be sore a right good little while."

He says he followed county policy and filled out an accident report, but the next day, he says he received a call from the county saying if he wanted to get paid, he’d have to file the claim on his personal insurance.

He says Hertford County never filed a worker's compensation claim.

"No, I have not seen one,” he said. “No, nothing but the little county form."

He added, “It's just kind of frustrating knowing we are probably going to have to come out of pocket with the deductible after we were hurt on county property."

Everett Thompson practices law in Elizabeth City, NC and handles personal injury and worker's compensation cases.  He says the laws are designed to protect the employee. That means if claims are filed, the employee pays no medical expenses.

"Worker's compensation insurance rates are determined by the number of claims they have, so the more claims, the higher the rate, so it would be more expensive for the employer if they have more claims so they might want to encourage their employees not to file."

That practice is illegal.

"Absolutely.  There is no question about that.  Once they have been injured in an accident on the job, their rights are set at that point.  They have the right to demand the benefits they are entitled."

We asked Hertford County administrator Loria Williams if workman's comp claims are being filed.

"The policy is very clear," she said.

She said protecting her roughly 180 employees is a top priority.

"I want to make that very clear that they are going to be treated fairly because we don't have any other choice but to treat them fairly because that is the law," she added.

Williams admits the county’s worker’s comp insurance premium came due in July and had jumped from $96,000 to more than $230,000 due to a spike in claims.

Just a few weeks later, the county implemented new policies.

"The party line is report everything, but you do have to have some judgment in what you report. We've had book fall on an individual's foot, those kinds of things, that you have some kind of discretion," she described.

Minutes from a county safety meeting, obtained by 13News, send a very different message. During the November 27, 2007 meeting, where Williams was in attendance, her assistant county manager “urged county employees to use personal insurance and not worker’s compensation when injured on the job.”

That’s a direct violation of the county’s personal insurance carrier – Signa – which says the policy “cannot be used for an injury or illness arising out of employment for wage or profit.”

It’s also a direct violation of North Carolina law.

"What you are talking to me today about is very clear very black and white no grey area on that," Willams said.

Williams denies any wrong doing, but the numbers seem to show the drastic policy change. For the past three fiscal years -- from July 1 to June 30, the county has had a consistent number of workers comp claims – either six or seven.

In the first eight months of this fiscal year, there’s only been one claim.

"I felt like the workman's comp or the county should be responsible," said the worker.