Could I Be Fired for Filing a Workers' Comp Claim in NC?

You get injured at work. You’re worried about making ends meet while you recover. So you file a workers’ compensation claim, hoping to receive compensation. But now a new worry creeps in: Could I be fired for filing a workers’ comp claim?

It’s a stressful situation, but understanding your rights is crucial. This post will guide you through what's legal and what's not, so you can focus on healing.

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

The short answer is: It's complicated. It depends on the circumstances, the state you live in, and the reason your employer gives for letting you go.

Here's the good news: workers' compensation laws are in place to protect employees from unfair treatment for getting hurt on the job. They want to ensure you can seek treatment and financial support without fearing retaliation. It's generally illegal for employers to fire you simply because you filed a legitimate workers’ comp claim. This is where the law steps in to shield you.

For example, there's the NC Retaliatory Employment Discrimination Act (REDA). REDA was passed in 1992 to provide certain workplace protections for employees. It lists eleven statutes that are covered by REDA. REDA prohibits employers from retaliating against employees who in good faith engage in certain activities protected under one of those 11 statutes. These include worker's compensation complaints or claims.

But My Boss Can Fire Me, Right?

Many states, including North Carolina, operate under "at-will" employment laws, according to North Carolina Law. This means employers have the right to terminate employees for any legal reason - or even no reason at all. This might seem unfair, but it also allows employees the flexibility to leave their job whenever they wish.

So while you can't be fired for filing the claim itself, they could potentially find another, legal justification for letting you go. This is why documenting everything is essential. If your employer retaliated against you, you'd want to have proof.

What Are Some Reasons I Could Still Be Fired?

Employers might try to argue your termination was due to factors unrelated to your workers’ comp claim. Some common examples include:

• Poor job performance: If you had a history of negative performance reviews or disciplinary actions before your injury, this might be used as grounds for firing you. Although, it’s important to note that if this poor job performance was directly related to your injury, this could still be deemed illegal.
• Layoffs or company restructuring: If your employer is downsizing or undergoing significant changes, they may be able to justify letting go of employees, even those with open workers’ comp claims. Keep an eye out to see if they are hiring for your position while you're gone or shortly after, though. They may be trying to cover their tracks.
• Inability to perform job duties: If your injury prevents you from carrying out the essential functions of your job in the long term, even with reasonable accommodations (more on that below), your employer might have grounds to fire you. Be sure to keep your employer in the loop with what your doctor is saying so they can't claim they were left in the dark.

My Employer Can't Just Do Whatever They Want, Can They?

Even with “at-will” employment, employers must follow specific procedures and provide valid justifications for terminating employees. Documentation is key. Keep a record of any communication regarding your injury, doctor's appointments, restrictions, accommodations requested, and interactions with your employer.

If they were treating you differently, acting hostile, or dropping hints they’d fire you after you got hurt, write it down. It could help support a claim. This can help if you need to prove a pattern of unfair treatment. It's important to note that in some states, recording conversations without the other party knowing is illegal, so be sure to look into your state's laws before hitting record.

Understanding Workers' Comp Retaliation

Let’s say you reported a workplace injury, followed all the rules, then suddenly your hours got cut, you’re demoted to a worse shift, or get passed over for a promotion you deserved. That could be considered retaliation, and it's illegal.

If you suspect retaliation, contact an experienced workers’ compensation lawyer right away. They can evaluate the situation and help you understand your options. Remember that time is of the essence; you often have a limited window to file a claim, and seeking help sooner is always better.

What About Discrimination Based On My Injuries?

Let’s say you're recovering well, and your doctor has cleared you to return to work, but with some limitations. Maybe you need to avoid heavy lifting or take more breaks. In this situation, the Americans with Disabilities Act (ADA) comes into play, preventing discrimination based on a disability - including one caused by a workplace injury. Be sure to file for disability benefits as well.

Your employer is legally required to provide "reasonable accommodations" to allow you to perform your job effectively. But what's considered "reasonable?"

It’s important to remember that the ADA applies to employers with 15 or more employees. If you work for a smaller business, it's still important to consult with an attorney regarding your rights, as different state laws may apply. The line between reasonable and unreasonable accommodation can sometimes be tricky. If you're unsure about your employer’s obligations, consult with a legal professional. They can help you navigate this area and advocate for your rights under the ADA.

What Happens If I'm Fired While Receiving Workers' Comp Benefits?

In most situations, your workers' compensation benefits should remain unaffected, even if you’re fired. Here's why: workers' comp is a system designed to cover lost wages and medical expenses resulting from a work-related injury or illness, independent of your employment status. So even if your employment ends, your injury-related financial needs should still be met. This provides a crucial safety net, even amidst a job loss.

Now, I know what you're thinking: Could I be fired for filing a workers’ comp claim and still find a new job?

While it's understandable to be concerned about future job prospects, remember this: Most states have laws that prevent employers from discriminating against someone receiving workers’ comp benefits. They shouldn’t hold it against you when making hiring decisions.

But the anxiety is real, and unfortunately, some employers may try to circumvent the rules. To better protect yourself, avoid discussing the details of your workers' compensation claim during job interviews. Instead, focus on your skills, experience, and what you can contribute to their company. If they specifically ask about any work gaps or reasons for leaving previous jobs, address it truthfully and succinctly, without volunteering unnecessary information.

Ultimately, while workers’ comp claims are meant to be confidential between you and your employer, providing too much detail in a new job interview can lead to biases. Remember, honesty is key, but focus on the future and your ability to excel in a new role.

What Happens If I Quit While Receiving Workers' Comp Benefits?

Here's where things get a bit more nuanced. Quitting while on workers’ comp can sometimes jeopardize your eligibility for wage replacement benefits, especially if your doctor has not yet cleared you to return to work. It might be interpreted as choosing not to work when suitable work was theoretically available. Be sure to get everything in writing from your doctor. Injured workers need to keep themselves protected.

How Can I Protect Myself If I Want to Leave My Job While on Workers’ Comp?

Talk to a workers’ compensation lawyer before quitting. They can advise you on how your decision might impact your benefits. It's always best to consult with a legal professional to explore your options before making decisions. Having professional guidance can help ensure that you are protected.

FAQ Regarding Workers’ Comp Claims 

1. What is workers' compensation?

Workers' compensation is a state-mandated insurance program that provides financial benefits to employees who are injured or become ill as a result of their job. It covers medical expenses, wage replacement, and disability benefits for workers unable to work due to their injuries.

2. Who is eligible for workers' compensation in North Carolina?

Most employees in North Carolina are covered under workers' compensation, including full-time, part-time, and seasonal workers. Employers with three or more employees are required to carry workers' compensation insurance. Independent contractors, however, are typically not covered.

3. What types of injuries are covered by workers' compensation?

Workers' compensation covers injuries or illnesses that arise out of and in the course of employment. This includes both sudden injuries, such as a fall or accident, and repetitive strain injuries or occupational diseases that develop over time, such as carpal tunnel syndrome or lung conditions.

4. How do I file a workers' compensation claim in North Carolina?

If you are injured on the job, you should notify your employer as soon as possible, typically within 30 days of the incident. Then, you need to file a Form 18, “Notice of Accident to Employer and Claim of Employee,” with the North Carolina Industrial Commission within two years of the injury.

5. What benefits can I receive through workers' compensation?

Workers' compensation benefits may include:

• Medical care: Coverage for treatment related to your injury.
• Wage replacement: Temporary Total Disability (TTD) payments, usually about two-thirds of your average weekly wage.
• Permanent disability benefits: Compensation for permanent physical damage that limits your ability to work.
• Death benefits: If an employee dies as a result of a workplace injury, surviving family members may receive benefits.

6. Can I choose my own doctor for treatment?

In North Carolina, your employer or their insurance company typically has the right to direct your medical care, which means they will choose your doctor. However, you can request approval from the North Carolina Industrial Commission to see a different doctor if you are dissatisfied with your treatment.

7. What if my workers' compensation claim is denied?

If your claim is denied, you have the right to appeal the decision. You can file a request for a hearing with the North Carolina Industrial Commission, which will review your case. Having an experienced workers' compensation attorney can help you navigate this process.

8. How long can I receive workers' compensation benefits?

Temporary benefits last until you are able to return to work or reach maximum medical improvement (MMI). If your injury results in permanent disability, you may be eligible for permanent partial disability (PPD) or permanent total disability (PTD) benefits, depending on the extent of your injury.

9. What should I do if my employer retaliates against me for filing a claim?

It is illegal for your employer to fire, demote, or retaliate against you for filing a workers' compensation claim. If you experience retaliation, you may have grounds for a lawsuit. Contact an attorney to discuss your options.

10. Do I need a lawyer for my workers' compensation case?

While not every workers' compensation claim requires a lawyer, hiring an experienced attorney can significantly improve your chances of receiving full benefits, especially if your claim is denied, your injury is severe, or your employer is disputing the claim.

Reach Out for Help from the Law Offices of Timothy D. Welborn

Navigating the intersection of employment law and workers' compensation can feel overwhelming. You have rights, but asserting those rights effectively often requires professional guidance. Could I be fired for filing a workers’ comp claim? It's a common question without a simple answer.

It’s always best to talk to an experienced employment law attorney if you're unsure. They can advise you on the best course of action.

If you’re needing more help assessing your situation, reach out to us. Since opening our first office in 1994, we have built a reputation as genuine advocates for our clients. With offices in Wilkesboro and Winston-Salem, our team is dedicated to representing clients well. Reach out to us for a consultation regarding your unique situation.