Were you injured at work recently? Are you confused about your options for obtaining benefits through a workers’ compensation claim? We often hear clients express worries about losing their jobs if they file a workers’ compensation claim. At Hardison & Cochran, we want to emphasize that there are laws to protect workers from being fired as retaliation for filing a workers’ compensation claim after an injury.
While it is illegal for your employer to fire you in direct retaliation for filing a workers’ compensation claim, there are circumstances where they may terminate your employment while you’re receiving benefits. These reasons include:
- Pre-Injury Performance Issues: If you committed serious mistakes or violated company policies before your injury, your employer may have grounds for termination.
- Inability to Perform: If your injuries make it impossible to fulfill the essential duties of your job, even with reasonable accommodations, your employer might be able to let you go.
How a Lawyer Can Help with a Workers’ Compensation Claim?
Many employees in the Raleigh area who sustain a work injury and want to seek workers’ compensation benefits ask: Will I be fired? A workers’ compensation lawyer in North Carolina can help protect you from retaliation for filing a workers’ compensation claim.
You should not worry about losing your job because you got hurt. North Carolina workers’ compensation laws are designed to protect employees and to ensure that workers who get hurt on the job receive medical care and compensation for lost wages. However, sometimes employers put pressure on workers not to file a claim. If you are in that situation, you should consult with an experienced Raleigh workers’ compensation lawyer who can advocate for your rights. If you sustained a work injury, an advocate at Hardison & Cochran is ready to assist.
How Can a Workers’ Comp Lawyer Protect Your Rights?
How can we help protect your rights? We regularly assist clients with workplace retaliation issues, and we know that the law is on their side.
Depending upon the specific facts, including the type of industry in which you work (and where you got hurt on the job), there are federal laws to protect injured employees’ rights to seek benefits. A handbook from the Occupational Safety and Health Administration (OSHA) emphasizes that, under federal law, employers are required to take steps to prevent injuries at job sites and are prohibited from any retaliation against workers for using their rights under the law, including their right to report a work-related injury or illness.
North Carolina laws protect employees against retaliation for filing a workers’ compensation claim. The Retaliatory Employment Discrimination Act protects workers from being fired for filing a workers’ compensation claim. The statute defines retaliatory action as “the discharge, suspension, demotion, retaliatory relocation of an employee, or other adverse employment action taken against an employee in the terms, conditions, privileges, and benefits of employment.”
The Act clarifies any retaliatory action taken against an employee for asserting his or her rights under the N.C. Workers’ Compensation Act can be sued. A lawyer can help you obtain a right-to-sue letter and file a civil action against your employer as permitted under the N.C. Retaliatory Employment Discrimination Act if you are fired (or even demoted) just because you sought workers’ compensation benefits.
Learn more about North Carolina Workers’ Compensation Myths.
Contact a Raleigh Workers’ Compensation Lawyer
The dedicated attorneys at Hardison & Cochran have been serving injured workers in North Carolina for more than thirty years, and we want to ensure that all injured employees understand their rights.
If you are fired or have any other kind of retaliatory action taken against you because you applied for workers’ compensation benefits, you may be able to file a lawsuit. Our firm’s knowledgeable Raleigh workers’ compensation attorney can answer your questions today. Contact Hardison & Cochran to learn more about how we can help you.
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