Examples of Workers’ Comp Retaliation in North Carolina

Almost every employer in North Carolina is required to have workers’ compensation insurance, and most employers facilitate their injured workers’ claims. Unfortunately, some do not, and it is important to review some examples of workers’ comp retaliation in North Carolina so you know what you should expect from your employer. If they retaliate against your claim, you need to consult a workers’ compensation attorney right away.

Examples of Workers’ Comp Retaliation in North Carolina

When an employee suffers an injury at work, they should report the injury to their employer right away and seek medical treatment. If the injury is severe enough to cause them to miss work, they have the right to file a workers’ compensation claim through their employer’s insurance policy. The employer is required to facilitate this claim, but some employers unfortunately choose to retaliate against their injured workers, usually out of financial concerns with their insurance.

Retaliation can define any adverse actions taken against an employee’s legally protected action, such as filing a workers’ compensation claim in good faith. Some of the most common examples of workers’ comp retaliation in North Carolina include:

• Wrongful termination: While employers in North Carolina have the right to fire employees as they deem appropriate, they may not fire employees for illegal reasons. If an employer fires an employee because the employee is asking to file a workers’ compensation claim in good faith, it would be a clear example of employer retaliation.
• Demotion or docking pay: Some injured workers can continue working after an injury in a limited capacity, which means a loss of earnings. Workers’ compensation can help make up the difference while they recover, but it is possible for an employer to dock the employee’s pay or demote them, sometimes in an effort to make it appear as though they qualify for less disability benefits.
• Undesirable transfer of work location, schedule, and/or job duties: An employer might retaliate against their injured worker by assigning them to a new, undesirable work location, transferring them to a different position, changing their work hours, or assigning them meaningless tasks outside of their usual job duties. Any such decision motivated by their workers’ comp claim can qualify as retaliation.

These are just a few examples of how an employer in North Carolina may attempt to retaliate against an injured worker. It can be difficult for the worker to determine whether any such action was retaliatory, and it can appear even more difficult to prove that this is the case. Be sure to keep any records of any adverse actions taken against you following your report of your injury.

Working with an experienced workers’ compensation lawyer is the ideal option in this situation. Your attorney can ensure you are treated fairly and that your employer upholds their responsibilities. If they do not, your attorney will know what you can do to ensure accountability and secure the compensation you need to recover.

The attorneys at Ayers, Whitlow & Dressler have helped many past clients throughout North Carolina with their workers’ compensation claims. We know how to determine whether an employer has violated their responsibilities and, if so, how to hold them accountable for such actions.

If you believe your employer has not handled your workers’ compensation claim appropriately or they have retaliated against you, reach out to our team to learn how we can help you with your case.

FAQs

Q: How Do You Prove Workers’ Comp Retaliation in North Carolina?

A: You can prove workers’ comp retaliation in North Carolina by showing that the negative actions taken by your employer against you were in direct response to your request to file a workers’ compensation claim. While it is still possible for an employer to fire an employee on workers’ comp or take disciplinary action against an injured employee, their workers’ compensation claim cannot be the motivation for these actions.

Q: What Are the Penalties for Workers’ Comp Retaliation in North Carolina?

A: The penalties for workers’ comp retaliation in North Carolina vary from case to case. It’s possible that if you were wrongfully terminated, you could secure reinstatement to your job, and your employer may also owe substantial damages due to their willful violation of your right to make a protected action. Your workers’ compensation attorney can explain what you can expect in terms of the penalties that might be assigned to your employer for retaliation.

Q: What Is the Most Common Type of Workers’ Comp Retaliation?

A: The most commonly reported type of workers’ comp retaliation is wrongful termination. An employer may fire an employee for asking to file a workers’ compensation claim following an injury due to the employer’s concern over rising workers’ compensation insurance premiums. It is illegal for an employer to take any retaliatory action against a legally protected action, which includes filing a workers’ compensation claim in good faith.

Q: Why Should I Hire a North Carolina Workers’ Compensation Attorney?

A: You should hire a North Carolina workers’ compensation attorney to have a greater chance of success with your claim. Additionally, legal counsel can advise you if you encounter any type of retaliation, helping you understand your options for responding to this mistreatment. A seasoned workers’ compensation attorney can help you hold your employer accountable for any damages you suffered because of their retaliation.

Q: What Does It Cost to Hire a Workers’ Compensation Lawyer in North Carolina?

A: The cost to hire a workers’ compensation lawyer in North Carolina depends on the lawyer’s billing policy. The attorneys at Ayers, Whitlow & Dressler take workers’ compensation cases on a contingency fee basis, meaning our firm only charges our client a fee if we win.

Additionally, this fee is a percentage of the total compensation recovered on their behalf. It is always worth securing legal counsel you trust for a workers’ compensation case in North Carolina.

When employers refuse to uphold their legal responsibilities to their employees and retaliate against legally protected actions, affected employees need legal representation to help them rectify these difficult situations. If you are preparing to file a workers’ compensation claim, or if you believe your employer has retaliated against your claim, contact Ayers, Whitlow & Dressler to schedule a free consultation and learn how we can help.