Workers’ Compensation And Personal Injury Attorneys

Can my employer fire me for filing a workers’ comp claim?

On Behalf of | May 2, 2019 | Firm News

If you get injured at work, you hope to get workers’ compensation benefits. You may expect a few obstacles and complications when you file your claim, but sometimes the consequences are even worse. Your employer may terminate your job, cut your hours or punish you in some other way after you file a workers’ compensation claim.

It is against the law for an employer to fire an employee for pursuing compensation for a workplace injury. Here are some important facts to know if you believe your employer wrongfully terminated you.

The law protects you

You can be confident in the fact that there is a North Carolina law called the Retaliatory Employment Discrimination Act that is in place to safeguard employees just like you. It not only protects you in the event of termination but also demotion, relocation and any other adverse employment action. If your employer negatively impacts the benefits, privileges, conditions and terms of your job, you may be able to seek legal action.

How to prove wrongful termination

In order to win the case against your employer, you must provide evidence of retaliation. You must show the following:

  • You suffered a workplace injury and initiated the workers’ compensation process.
  • These incidents prompted the employer to take action – for example, a manager reprimanding you once the filing of your claim came to light.
  • This action caused negative consequences, such as getting fired or receiving an unwarranted poor performance review.

In addition, you can provide evidence of your employer discouraging you from or warning you against filing your claim. Your employer may try to argue your termination was because of a different reason.

Getting hurt at your job is bad enough. But getting fired because of it is even worse. Thankfully, the law protects you. You should stand up for your right to seek workers’ compensation without retaliation.