Q Do North Carolina workers’ compensation laws allow my employer to fire me if I filed for workers' comp?
No, North Carolina workers’ compensation laws do not allow an employer to fire an employee for filing a claim for workers' comp benefits. Most employers – with the exception of those with agricultural employees or with just a few employees – are required to carry workers’ comp insurance.
Some Employers Discourage Workers’ Comp Claims, That is Not Acceptable
Some employers may not want workers to file claims because that can drive up the employer's insurance rates. However, laws are in place for a reason: To protect injured employee rights. Contact workers' comp lawyers if you were fired after filing a workers' comp claim.
If an employer fires an employee who files a claim, the company may state that the employee was fired for “other reasons.” However, the real reason the employee was fired may be because he or she filed a claim, and the employer wants revenge. This is called retaliation, which is illegal. Our workers' comp department in Raleigh helps employees file wrongful termination lawsuits against the employer.
Injured Employee Rights
Injured employees have the right to pursue workers’ compensation benefits if they are injured on the job. It is against the law for an employer to discriminate, make threats, or retaliate against the injured employee. If this occurs, the local workers’ compensation office should be informed and the victim may consult with a lawyer to determine the best course of legal action.
If your employer fires you in violation of North Carolina workers’ compensation laws, consult with a lawyer who will fight for injured employee rights.
You may be eligible for various damages, including:
- Lost wages
- Emotional distress
- Compensation for attorney fees
If you believe your employer did not adhere to North Carolina workers' compensation laws, contact our workers' comp lawyers in Raleigh. Our firm helps workers state-wide and provides free case evaluations - in-person or over the phone. Brent Adams has 30 years of experience helping clients. Contact our lawyers to schedule a case review.