North Carolina’s Workers’ Compensation Rules: Can I Be Fired for Filing?

People injured at work and concerned with losing their jobs should first understand North Carolina’s workers’ compensation rules. Many employers discourage injured employees from filing claims for workers’ compensation benefits, sometimes by actually telling a hurt employee to just use their own health insurance. Other times, employers let it generally be known throughout the workplace that a worker who files a claim can make themselves a target for termination down the line. The good news is that North Carolina has laws specifically designed to protect injured workers from retaliation for filing workers’ compensation claims.

The short answer is, no, you cannot be fired just for filing a workers’ compensation claim in North Carolina. This is a “right to work” state, which basically means that an employer can fire an employee for any reason, or for no reason at all. However, wrongful termination in North Carolina includes being let go for workers’ compensation claims or specific reasons related to a person’s race, religion, sex, or age. One of those protective laws is the North Carolina Retaliatory Discharge Act (REDA), which makes it illegal for an employer to fire an employee for filing a workers’ compensation claim.

The long answer to whether you can be fired for getting injured at work is sometimes. In certain circumstances, an employer can fire an employee if they cannot perform their job anymore, even if it is because of a workplace injury. What a business owner cannot do is demote, unfairly discipline, or reduce work hours for someone due to a workers’ compensation claim. Those acts of workplace retaliation are illegal.

If you are unable to work, you may be eligible to file a workers’ compensation claim. If you experience retaliation, you may have a claim under North Carolina’s REDA rules. REDA claims start with a complaint to the North Carolina Department of Labor, and they must be filed within 180 days of the wrongful termination or adverse employment action. Employees who win a REDA case can be awarded damages including his or her lost wages and other economic losses. Significantly, REDA allows for damage awards to be tripled, and it also allows for payment of the employee’s attorney fees.

sn’t offer workers’ compensation but should, or if your claim results in a hostile work environment, speak to an experienced employment law attorney about your legal options. Not every situation where an employee is fired or demoted after filing a workers’ compensation claim gives rise to a claim under REDA, and not all injuries, including preexisting conditions or those occurring outside of work, are eligible for compensation benefits. But if you feel your situation qualifies and you’re being denied coverage or retaliated against, your rights may be violated.

If you hire our firm, you can be sure that you have a dedicated team of professionals fighting for your rights so you can focus on getting well and getting back to work. You won’t have to worry about paying any legal fees until your case is over, and you won’t pay any fees for unsuccessful claims. Contact Miller Law Group in Raleigh, North Carolina, for workplace injuries or workers’ compensation issues today.