Can My Employer Fire Me After I File for Workers’ Comp?
Nearly 65,000 private-industry workers in North Carolina suffered a nonfatal workplace injury or illness in one recent year, according to the Bureau of Labor Statistics. Many injured workers count on workers’ compensation benefits as they recover, only to face retaliation from their employers after filing their claim. Employers have even wrongfully fired injured employees because they filed a workers’ compensation claim.
Though being fired for filing a workers’ compensation claim is illegal, some employers do it anyway. The North Carolina workers’ compensation attorneys at Ward Black Law want to protect your rights if your employer threatens retaliation because you filed a workers’ comp claim. Contact our office for more information and a free case review.
Can My Employer Fire Me After I File a Workers’ Compensation Claim in NC?
North Carolina’s Retaliatory Employment Discrimination Act expressly forbids employers from firing or otherwise retaliating against someone because they filed a workers’ compensation claim. The North Carolina Department of Labor can investigate any employer who breaks this law, especially if the fired employee makes a formal complaint.
At-Will Employees vs. Contracted Employees
While firing an employee for filing a workers’ comp claim is illegal under North Carolina law, the state’s other labor laws give employers great discretion to fire someone.
Most employees in North Carolina are employed “at will,” meaning their employer can fire them at any time and for any reason, so long as the reason is not unlawful. That means even if your employer fires you because you filed a workers’ compensation claim, they may try to produce another seemingly valid reason as a pretext for the retaliation.
Workers who have a defined employment contract, either individually or through a union, have more rights regarding when and how they can be fired. Employment contracts typically have specific clauses stating under what conditions the employee can be fired. If a worker with a contract files a workers’ comp claim, their employer will have a more challenging time finding a valid reason to fire them.
Regardless of whether you are an at-will employee or have a formal contract, remember: You cannot be fired because you filed a workers’ compensation claim. If you believe this has happened to you, contact an attorney immediately.
What to Do If You Were Fired After Filing a Workers’ Comp Claim
If your employer had a valid reason to fire you after you filed for workers’ comp benefits, you may have to live with your employer’s decision. However, if you believe you were unjustly fired, there are a few steps you should take.
First, you can file a complaint with the state Department of Labor. The Retaliatory Employment Discrimination Bureau handles these complaints, and they can investigate your employer’s actions.
Second, you should promptly speak with a workers’ compensation attorney who can review your case and advise you about your options. An attorney can help with your complaint to the Department of Labor or a wrongful termination lawsuit. A lawyer can also help you gather the evidence you need to support your case.
What Happens to My Workers’ Comp Benefits If I Lose My Job?
If you lose your job after receiving workers’ compensation benefits, some of the benefits will continue. Your employer should continue to cover all your medical bills until you are either fully healed or reach maximum medical improvement. However, you will not receive any wage-replacement benefits as you longer have a job.
If you were unfairly fired from your job, an attorney may be able to help you get it back or receive compensation for your lost wages.
Contact Our Experienced Lawyers at Ward Black Law Today
The North Carolina workers’ compensation lawyers at Ward Black Law have the knowledge, experience, and determination to defend your rights. Contact our office today for a free case review.