When you’re relying on workers’ compensation benefits to cover your medical bills and lost wages, the last thing you want to worry about is whether you could lose your job. Yet, many injured workers in North Carolina find themselves asking, “Can I be fired while on workers’ comp?”
The reality is that while workers’ compensation laws protect your right to medical care and wage replacement, they don’t always shield your job. North Carolina is an “at-will” employment state, meaning employers can terminate employees for almost any reason as long as it’s not illegal.
Employers are prohibited from firing employees in retaliation for filing a workers’ compensation claim, but proving retaliation isn’t always straightforward. Unfortunately, some employers exploit the complexities of North Carolina termination laws to mask discriminatory or retaliatory actions.
If you’re worried about losing your job or have already been terminated while on workers’ comp, it’s important to take action. By knowing your rights, recognizing potential retaliation, and seeking legal support, you can ensure that both your employment and your workers’ comp benefits are protected.
Reasons Employers Might Try to Terminate an Employee on Workers’ Comp
Employers might try to stop their employees from receiving workers’ compensation benefits for a variety of reasons, some valid and others questionable. Common reasons include:
- Downsizing or Restructuring: Employers may claim that your position was eliminated for business reasons, such as downsizing or restructuring the company.
- Misconduct: If an employer accuses you of violating company policies, they may terminate your employment.
- Failure to Meet Performance Standards: An employer might argue that your job performance isn’t up to par, even if your injury impacts your abilities.
- Retaliation: Unfortunately, some employers unlawfully retaliate against employees for filing a workers’ compensation claim. However, this is illegal under North Carolina law.
Legal Protections for Workers Receiving Workers’ Comp Benefits
In North Carolina, employees who qualify for workers’ compensation are entitled to specific benefits and legal protections designed to support them during their recovery from workplace injuries. These rights aim to assist injured workers by covering medical expenses, replacing lost wages, and ensuring fair treatment during the process of claiming these benefits.
One of the key protections provided to workers is safeguarding against retaliation or mistreatment by their employers. Employees who file workers’ compensation claims are protected by North Carolina’s Retaliatory Employment Discrimination Act (REDA).
This law makes it illegal for employers to retaliate against workers who exercise their rights to seek compensation for workplace injuries.
Retaliation could include unjust termination, demotion, or other adverse actions designed to discourage employees from filing claims.
However, it’s essential to understand that these protections do not provide absolute job security.
North Carolina is an at-will employment state, meaning employers can terminate employees for any lawful reason, even if they have filed a workers’ compensation claim.
Filing a claim does not grant immunity from termination due to legitimate reasons, such as poor job performance, misconduct, or downsizing unrelated to the injury or claim. Essentially, your employment status after filing a workers’ compensation claim remains subject to the same standards and expectations that applied before your injury.
What to Do If You’re Terminated While on Workers’ Comp
If you find yourself terminated while on workers’ comp, here’s what you should do:
1. Request a Written Explanation
First, ask your employer for a written statement detailing the reasons for your termination. This documentation is vital as it provides clarity on whether the dismissal is related to your workers’ comp claim or other reasons, such as company restructuring or alleged performance issues.
2. Keep Detailed Records
Document everything related to your employment and your workers’ comp claim—from emails and internal communications to medical records and details of conversations with HR or your supervisor. This information can be crucial if you need to challenge your termination or if legal proceedings follow.
3. Review Your Employment Contract and Company Policy
Understand the terms of your employment and any specific policies your company might have regarding injury and workers’ compensation. This can give you insight into whether any protocols were breached and what your rights are under those agreements.
4. File a Claim (If Necessary)
If there’s evidence to suggest that your termination was illegal—for instance, as retaliation for filing a workers’ comp claim—your attorney can help you file a complaint with the appropriate state or federal agencies or even pursue a lawsuit.
5. Speak With a Workers’ Compensation Attorney
Our lawyers will review the documentation you’ve collected, advise you on the validity of your termination, and help you understand the full scope of your rights under the law. We can also assist in maintaining or reinstating your workers’ comp benefits and, if necessary, pursue legal action for wrongful termination or retaliation.
How Our Workers’ Comp Attorney Can Help Protect Your Employment Rights
Our worker’s compensation attorneys begin by thoroughly assessing your case to understand the specifics of your employment situation and the details of your injury. This evaluation helps us determine the best legal strategy tailored to your unique circumstances.
In cases where an employer may have terminated your employment unlawfully, such as through retaliation for filing a workers’ comp claim or due to discrimination, our attorneys are ready to defend your rights. We can file legal claims on your behalf, seeking not only to rectify any wrongs but also to secure any compensation to which you might be entitled due to wrongful termination.
Our workers’ compensation attorney will represent you in negotiations with your employer or their insurance company. We ensure that your rights are respected, from securing fair benefits to defending your job position.
Should your case require litigation, our skilled lawyers are ready to represent you in court. We will protect your interests and aim for the best possible outcome in disputes related to your termination and workers’ compensation claim.
Contact an Experienced Charlotte Workers’ Compensation Lawyer
The team at Hunter | Everage is here to support those who feel helpless or desperate after a workplace injury. With more than 35 years of combined experience, our attorneys have successfully helped injured workers tackle complex legal battles.
As a proud Black-owned business, we know the importance of advocating for those who feel invisible or unheard. When you work with us, you’re choosing a team that genuinely cares about your well-being and will advocate for your rights every step of the way.
At Hunter | Everage, no one understands the struggles of hard-working people who are injured, out of work, and feeling helpless quite like us. We are here to support the little guys—those fighting for fair treatment in challenging circumstances.
Contact our worker’s compensation attorneys at 704-377-9157 to request a consultation. Let us show you how we can help protect your rights and ensure that your voice is heard.