Can My Employer Fire Me for Filing a Workers’ Comp Claim in North Carolina?

If you have suffered an injury on the job, you have the right to file a claim with your employer’s workers’ compensation insurance. Many individuals, however, will wonder, “Can my employer fire me for filing a workers’ comp claim in North Carolina”? Whether you were injured on a construction site in Wilmington or you were driving deliveries in Leland and were hit by a negligent driver, you have rights, and Christina Rivenbark & Associates is here to protect you.

Your Rights in a Workers’ Comp Claim: No, Your Employer Can’t Fire You

In the United States, an employee dies every 104 minutes in a work-related accident, and in 2022 alone, 217 workers were killed due to fatal injuries in North Carolina. In fact, nearly 90% of reports sent to OSHA are for injury accidents happening at work.

When you suffer an injury at work, you have the right to file a workers’ compensation claim and are legally protected from any form of retaliation, including being fired. However, this doesn’t mean your employer won’t violate these rights.

When your employer does fire you for simply acting in a protected manner, like filing for workers’ comp when such action is called for, you are entitled to seek damages or legal remedies, which can include the following:

• Reinstatement to your previous mode of employment or a similar position that matches in duties and compensation
• Triple your amount of financial loss if your employer fired you in a willful act of retaliation.
• Financial compensation for any lost income you dealt with as a result of being fired, and any benefits you might have missed because of being gone from work
• Compensation for all legal fees and expenses, including the fees of hiring an attorney to represent you

These remedies would likely be available in addition to the workers’ compensation benefits you are already entitled to recover as they apply to your original injury and claim.

Keep in mind that while your employer cannot fire you in retaliation, they can fire you for other legitimate reasons. North Carolina typically operates as an at-will state, meaning that your employer can fire you for any reason or no reason at all, but they cannot fire you for an illegal reason, like in cases of workers’ comp retaliation.

In order to legally fire you after you have filed for workers’ compensation, your employer will need to prove that they have a lawful justification for their action. However, even in cases where your employer has a supposedly legitimate cause to fire you, an attorney is still here to protect your rights and make sure retaliation is not at the root of your job loss.

Why You Might File for Workers’ Comp in North Carolina

In North Carolina, there are various reasons why you might find yourself in a position where you will need to file a claim for workers’ compensation. When you suffer injury on the job, you have the right to file for compensation. People often file for the following reasons:

• Medical costs. Seeking medical treatment and care for any kind of workplace injury can be overwhelmingly expensive. Even if you have health insurance, copays and deductibles can still take a massive bite out of your savings and make it challenging to stay on top of bills. Under workers’ compensation, you can recover these costs as they relate to your employment injury.
• Acting on your rights. If you are an eligible employee, filing a claim for workers’ comp is your right. Taking this action allows you to manage your expenses while healing from the injury you suffered while on the job.
• Inability to work. If the injury you have sustained keeps you from being able to return to work and earn a wage for a certain period of time, it will become even more difficult to stay on top of your finances. You may be able to receive partial wage replacement or even disability benefits, depending on the extent of your injury.
• Risk reduction. Filing a claim can also help reduce the possibility of future accidents happening to others at your place of work. When your employer takes the accident seriously, they will likely also take the steps needed to prevent similar events from happening again.

FAQs

What Evidence Can Help Prove Retaliatory Intent in NC?

Employers rarely ever admit to retaliation, which means your attorney will need to look for evidence of pretext, or evidence that the employer’s stated reason for firing you is actually a cover for their real motive. Evidence of this often includes timing between when you reported injury or filed for workers’ comp and when you were fired, and any inconsistent treatment you’ve endured.

What Kind of Workplace Illnesses Are Covered by Workers’ Comp?

In North Carolina, if the illness or medical condition you have suffered is unique to the occupation you work and is the cause of the disease, then you are likely covered by your employer’s workers’ compensation. If you contract the disease or illness on the job site or have faced an occupational hazard that has caused the illness, then you are likely also covered.

What Do I Need to Prove in a Retaliation Case?

In North Carolina, in a case of retaliation, you need to prove multiple elements and their presence in your case. These include the fact that you engaged in a protected activity, that your employer took adverse action against you, and that this adverse action was taken against you directly because you engaged in a protected activity.

What Mistakes Should I Avoid in a Workers’ Comp Case?

Multiple mistakes can be made during a workers’ comp case that are better left avoided. These include failing to disclose prior injuries, lying to your doctor, your employer, or a workers’ compensation insurance adjuster, ignoring any medical advice given to you by your doctor, and returning to work too soon.

Hire a Workers’ Comp Lawyer Today

For over 30 years, the team at Christina Rivenbark & Associates has helped individuals get back on their feet financially after a workplace accident in North Carolina. When the time comes to hire a workers’ compensation lawyer, look no further than our team. Contact our Wilmington or Leland office today to learn more.