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Can I Be Fired for Filing a Workers’ Compensation Claim?


When injured on the job, you and your family face immediate stress and uncertainty. You may even wonder if filing a workers’ compensation claim could put your job on the line. Fortunately, some laws prevent employers from firing employees for this reason and ensure workers’ job security in the event of a workplace accident.

While North Carolina is an at-will employment state, meaning an employer could let an employee go at any time for any reason, there are some exceptions. This includes workers filing for workers’ compensation, protected under the North Carolina Workers’ Compensation Act.

Attorney David Daggett explains how at-will employment and employee rights work when it comes to a workers’ compensation claim in our video.

What Is The North Carolina Workers’ Compensation Act?

According to the North Carolina Industrial Commission, The North Carolina Workers’ Compensation Act requires that all businesses that employ three or more employees, including those operating as corporations, sole proprietorships, limited liability companies, and partnerships, obtain workers’ compensation insurance or qualify as self-insured employers for purposes of paying workers’ compensation benefits to their employees.

A common misconception is that employers are responsible for and pay out the workers’ compensation themselves. In fact, their insurance company is the party responsible for payment. Injured workers must file a claim with the workers’ compensation insurance company as soon as possible after the accident occurs.

An Employee’s Rights Under Workers’ Compensation Law

As a worker in North Carolina, you have rights should you be the victim of a work accident. After you report a work injury, your employer must provide you with multiple benefits under the North Carolina’s Workers’ Compensation Act, including:

  1. Compensation for medical treatment and supplies.
  2. Compensation for injury-related lost wages.
  3. Appropriate employment within your work restrictions.

An employer failing to provide any of these benefits to someone with a legitimate workers’ compensation case is prohibited by law. If you or a loved one has been denied workers’ compensation benefits after being hurt at work, contact the experienced North Carolina workers’ compensation attorneys at Daggett Shuler today.

What is the North Carolina Retaliatory Employment Discrimination Act?

Anyone can suffer an injury on the job and the results can be costly. Unfortunately, some employers illegally retaliate when an employee pursues a workers’ compensation claim. This could take numerous forms; an employer could pressure the employee to quit, demote them, give a poor performance review, deny them a promotion they deserve, or fire them. All of these actions are illegal under the North Carolina Retaliatory Employment Discrimination Act (REDA).

If you have experienced illegal retaliation from your employer following a workers’ compensation claim, you have 180 days to file a complaint with REDA since the day of the incident. Speak with a reputable workers’ compensation attorney at Daggett Shuler right away to protect your REDA rights and review your legal options.

Fired After Filing for Workers’ Comp in The Triad? Call Us Today

It’s important to remember that most employers are good people who care about their employees. However, employers still deny hardworking employees and their families the benefits they’re entitled to by law. If you or a loved one has been injured on the job and denied workers’ compensation benefits, speak with the Board-Certified workers’ compensation lawyers at Daggett Shuler for free today. We won’t get paid until you do.

Contact us today by submitting a form below or call our office at 336-724-1234 for a free consultation.

I would like to take time to thank the staff at Daggett Shuler Attorneys at Law. To Megan Youngblood for helping me get my disability started; thank you so much for everything!

Olivia Winston