What Happens If You’re Fired After Filing a Workers’ Compensation Claim in North Carolina?

Getting injured at work can leave you with many unanswered questions, and in addition to worrying about your health and finances, you may worry about whether filing a workers’ compensation claim could put your job at risk.

Employers cannot legally fire you for filing a workers’ compensation claim in North Carolina. However, there are situations where an employee may lose their job while receiving workers’ compensation benefits and understanding your rights is important for securing your recovery and ensuring a possible safe return to work.

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

North Carolina law prohibits employers from retaliating against employees for exercising their legal rights under the workers’ compensation system. This means your employer cannot terminate your employment simply because:

• You reported a workplace injury
• You filed a workers’ compensation claim
• You sought medical treatment for a work-related injury
• You testified or participated in a workers’ compensation proceeding

Retaliation for filing a workers’ compensation claim violates North Carolina’s Retaliatory Employment Discrimination Act (REDA), which protects workers who assert their workplace rights. However, proving retaliation is not that simple. Employers rarely admit outright that a termination was related to a workers’ compensation claim. Instead, they may cite other reasons for the termination.

Can You Be Fired While Receiving Workers’ Compensation Benefits?

Although the law forbids employers from firing you for filing a workers’ comp claim, North Carolina is an “at-will” employment state, meaning that in many situations, an employer may terminate an employee for reasons unrelated to a workplace injury.

For example, an employer may legally terminate an employee who:

• Violates company policies
• Has a documented record of poor performance
• Engages in misconduct
• Accumulates excessive disciplinary actions
• Is unable to return to work after an extended absence

In the context of a work injury, the key question is whether the termination is truly unrelated to the workers’ compensation claim.  Sometimes employers may look for a reason to terminate an employee after a work-related injury, so it is very important to seek an immediate consultation with an experienced attorney. 

What If Your Injury Prevents You From Returning to Work?

Some workplace injuries result in permanent restrictions that make it difficult or impossible to perform the same job duties as before. After treatment, your doctor may determine that you have reached Maximum Medical Improvement (MMI). This means your condition has improved as much as medically expected, even if you still have lasting limitations.

Depending on your restrictions, you may be unable to return to your previous position. For example:

• A construction worker with permanent lifting restrictions may no longer be able to perform heavy labor.
• A delivery driver with serious leg injuries may be unable to safely operate a vehicle.
• A warehouse employee with severe shoulder damage may be restricted from overhead work.

In some cases, employers can accommodate these restrictions. In others, the essential functions of the job may no longer be possible.  The workers’ compensation laws are very complicated in this area.  It is vital to seek legal advice when a work-related injury results in an employee not being able to return to their pre-injury job.

Will You Lose Your Workers’ Compensation Benefits If You’re Fired?

Many injured workers assume that losing their job means losing their workers’ compensation benefits, but that is not necessarily true. If your workplace injury is compensable under North Carolina workers’ compensation law, you may still be entitled to benefits even after your employment ends.

Depending on your circumstances, you may continue receiving:

• Medical treatment related to your injury
• Temporary Total Disability (TTD) benefits
• Temporary Partial Disability (TPD) benefits
• Permanent Partial Disability (PPD) benefits
• Vocational rehabilitation services

However, no two cases are the same. Unfortunately, insurance companies often use a termination as an opportunity to challenge ongoing disability benefits, making it important to understand your rights. Having a North Carolina Board‑Certified Workers’ Compensation Specialist on your side can make a significant difference in protecting those rights and ensuring your benefits stay on track.

What If Your Employer Offers Light-Duty Work?

Many employers attempt to bring injured workers back by offering “light-duty” or “modified work.” These positions are designed to accommodate medical restrictions while allowing employees to return to the workforce.

Examples of light-duty work may include:

• Reduced lifting requirements
• Administrative tasks
• Shorter work shifts
• Alternative job assignments

Before accepting or rejecting a light-duty position, it is important to understand how the offer could affect your workers’ compensation benefits. Refusing suitable work without a valid reason may affect your eligibility for wage-replacement benefits.

Signs of Employer Retaliation

Potential warning signs of employer retaliation after filing for workers’ comp include:

• Being terminated shortly after filing a workers’ compensation claim
• Receiving your first negative performance review after reporting an injury
• Sudden disciplinary actions that were not previously an issue
• Being treated differently from similarly situated employees
• Threats or pressure to avoid filing a claim

If you believe your employer fired you simply for exercising your rights under North Carolina workers’ compensation law, you should speak with a board-certified workers’ compensation attorney as soon as possible.

What Should You Do If You’re Fired After a Workplace Injury?

If you lose your job after filing a workers’ compensation claim, consider taking the following steps:

1. Keep Documentation

Save termination notices, emails, text messages, performance evaluations, and any other records related to your employment and workers’ compensation claim.

2. Continue Following Medical Treatment

Attend all medical appointments and follow your doctor’s recommendations. Gaps in treatment can create challenges in your workers’ compensation case.

3. Do Not Assume Your Benefits Have Ended

Your eligibility for workers’ compensation benefits may continue even if your employment has ended.

4. Speak With an Experienced Workers’ Compensation Attorney

An experienced North Carolina workers’ compensation attorney can evaluate whether your termination may have involved retaliation and help protect your right to workers’ compensation benefits.

Get Help Understanding Your Rights Under Workers’ Compensation Law

Suffering an injury at work is stressful enough without worrying about whether you’ll still have an income to support your family. North Carolina employers cannot legally fire workers solely for filing a workers’ compensation claim, but they may try to justify the termination for another reason.

If you were fired after reporting a workplace injury or filing a workers’ compensation claim, the North Carolina Board-Certified Workers’ Compensation attorneys at Daggett Shuler can review your situation, explain your legal options, and help you protect the benefits you deserve.

Contact us today by submitting an online form or calling our office at (336) 724-1234 for a free legal consultation.