Can You Be Fired While on Workers’ Comp in North Carolina?

You shouldn’t have to worry about work and whether you might be fired if you report a work injury. You should be able to keep your job, and as a North Carolina employee, you have certain legal protections. You might be wondering: can you be fired while on worker’s comp in North Carolina?

Can You Be Fired While on Workers’ Comp in North Carolina?

Knowing your legal rights can help you avoid becoming a victim of workplace retaliation.

Unfortunately, an employer can decide to fire you for retaliatory reasons while you’re receiving workers’ compensation benefits. However, you cannot be fired solely because you filed a claim for workers’ compensation benefits, but your employer can cite other legal, legitimate reasons, such as misconduct or poor job performance, as the justification for being fired.

Your employer might decide to fire you if you’re unable to complete your essential job duties. They must make all reasonable efforts to accommodate your new abilities so you can keep your job. Or, they may give you a more appropriate position with similar benefits and wages. If that’s impossible for your company, then you could be fired if they’re unable to help you keep working in your former job/position.

What Is Workers’ Compensation?

Workers’ compensation is a no-fault insurance recovery system designed to protect North Carolina employees who were hurt at their place of work doing job-related activities. If you were hurt at work, you may be eligible to receive workers’ compensation medical benefits to cover your medical bills from your accident (both current and expected). You also may be eligible to claim disability benefits if you’ve been unable to return to work full-time.

What Protections Do Employees Have in North Carolina?

North Carolina is considered an at-will employment state. This means a company can fire its employees for any reason, so long as it’s not an illegal reason, like retaliation against an employee for filing a workers’ comp claim. Unlawful retaliation can include:

• Being fired, replaced, or demoted
• Receiving a negative evaluation or performance review
• Having your salary or benefits reduced
• Being transferred
• Having your hours reduced or changed
• Getting a new shift/new hours
• Being excluded from new projects
• Being a victim of verbal or physical abuse
• Being denied a scheduled raise or overtime work when requested

If you believe your company is retaliating in a negative way after you filed a claim for workers’ compensation benefits, this is unlawful, and you might be eligible to recover financially. You can start documenting anything related to your retaliation claim, reporting the suspected retaliation, and contacting an attorney to discuss your protected rights.

Retaliatory Discharge Act

If you’re an employee who has been retaliated against for filing a claim, your employer may have violated the Retaliatory Discharge Act (REDA), which protects employees. You must file your REDA complaint within 180 days from the date of your last retaliatory action, and if you miss this deadline, your options can be limited.

The REDA is violated if a company retaliates in a negative way against its employees because of a protected activity, like filing a workers’ compensation claim. You can file a complaint against a specific person, an organization, or a government entity.

What Can I Do If I Think I Was Treated Unfairly While on Workers’ Compensation?

If you think you were a victim of a negative action taken against you, and you believe it was because of your workers’ compensation claim, it’s important to discuss your options with an experienced North Carolina attorney.

Even if your employee says you were fired for legitimate reasons, like misconduct or poor performance, you might still be able to bring a claim to prove your firing was retaliatory for your workers’ comp claim, depending on the factual circumstances. An experienced attorney can help explore your legal options.

An attorney can discuss your likelihood of success with filing a complaint with the North Carolina Department of Labor for suspected retaliation. Complaints are filed online, and you can gather information to help your attorney build a compelling claim. An attorney can assist with the complaint process and discuss your specific workplace situation.

FAQs

Q: Can My Employer Change My Job Duties While on Workers’ Compensation in North Carolina?

A: In North Carolina, your employer can change your job duties while you’re receiving workers’ compensation benefits – so long as your new duties are considered to be within your medical restrictions set by your treating doctors and if your doctor addressed your new working capabilities. Your employer must take steps to reasonably accommodate your new working capabilities and abilities so you can keep your job.

Q: Can My Employer Replace Me While I’m on Workers’ Comp in North Carolina?

A: Yes, a North Carolina company can replace you while you’re collecting workers’ compensation benefits, but it can’t fire you because you filed a benefits claim. If so, it could be unlawful workplace retaliation. If you need to discuss whether your employer fairly replaced you while you were on workers’ comp, contact the skilled team at Ayers, Whitlow & Dressler for reliable legal assistance.

Q: Should I Hire a Workers’ Comp Lawyer in North Carolina If I Was Fired and Need Help?

A: You can consider hiring a workers’ compensation lawyer in North Carolina if you were fired after you filed a workers’ comp claim. These laws are complicated, but a knowledgeable lawyer can help navigate the process. They can help represent your interest in negotiations and improve your likelihood of success in getting full and fair compensation. An attorney can usually help discuss your claim at a free initial consultation.

Q: What Does a North Carolina Workers’ Comp Attorney Cost?

A: The amount you might expect to pay in attorney’s fees depends on the skill level of the attorney you’re considering and the complexity of your case. If you need help with an employer retaliating after you filed a claim for workers’ compensation benefits, consult a trusted attorney to discuss your legal options. They can discuss their specific written fee agreement. At Ayers, Whitlow & Dressler, we offer free initial consultations with our hard-working attorneys.

Contact an Experienced North Carolina Attorney If You Were Fired While On Workers’ Compensation to Discuss Your Options

Contact Ayers, Whitlow & Dressler today to schedule a free initial client consultation with an attorney.