Getting hurt at work is stressful enough without having to worry about losing your job. Unfortunately, some North Carolina workers face exactly that fear after filing a workers’ compensation claim. While state law protects injured workers from retaliation, employers don’t always follow the rules.
If you’ve been fired or threatened with termination after reporting a workplace injury, you need to know your rights under North Carolina law and what steps you can take to protect yourself.
What North Carolina Law Says About Firing Employees After a Work-Related Injury
North Carolina is an at-will employment state, allowing employers to terminate employment for almost any reason, or no reason at all, as long as it doesn’t violate specific protections. However, either direct termination due to a work injury or filing a claim violates the law.
The North Carolina Retaliatory Employment Discrimination Act specifically prohibits employers from retaliating against employees who file workers’ compensation claims. This statute bans employers from taking adverse actions against workers for pursuing rights under the Workers’ Compensation Act in good faith. Adverse actions include firing, demotion, pay cuts, or other punishments.
Understanding Employer Retaliation and Protected Activities Under REDA
Retaliation occurs when an employer punishes a worker for engaging in legally protected steps. Under REDA, protected activities center on filing a workers’ compensation claim, cooperating with an investigation, or even discussing the intent to seek benefits.
Other signs of retaliation might include sudden negative reviews, unwanted transfers, reduced hours, exclusion from opportunities, or increased scrutiny shortly after the injury report. The North Carolina Department of Labor handles REDA complaints and investigates these patterns.
Can You Be Fired for Filing a Workers’ Compensation Claim
In North Carolina, an at-will state, you cannot be fired solely for filing a workers’ compensation claim. However, employers may claim other reasons, like poor performance or policy violation. Employers must reasonably accommodate your work restrictions (modified duties, schedule changes) to keep you employed. Termination based on inability to perform your job is only legal if no reasonable accommodation is possible.
You can also be legally fired for gross misconduct unrelated to your injury, provided it would result in termination for any employee. Suspicious timing, like misconduct allegations surfacing only after a claim, suggests illegal retaliation.
North Carolina’s Retaliatory Employment Discrimination Act (REDA) Explained and Protected Activities
The Retaliatory Employment Discrimination Act (REDA) in North Carolina protects employees who, in good faith, engage in certain specified activities including the filing of a workers’ compensation claim.
If you believe your termination was retaliatory for engaging in a REDA-protected activity, such as filing a workers’ compensation claim, you must file a REDA complaint with the North Carolina Department of Labor within 180 days of the adverse employment action. Failure to meet this deadline may result in the loss of your legal options.
The Department of Labor will investigate the complaint and issue its findings within 90 days. If the Department finds your claim to be legitimate, they will issue a “right-to-sue” letter, which permits you to proceed with a civil lawsuit. Upon receiving this letter, you have an additional 90 days to file your lawsuit.
What damages are recoverable if I’ve been wrongfully terminated
A successful wrongful termination lawsuit under REDA may result in the recovery of damages, including:
- Reinstatement to your job, along with back pay and lost benefits.
- Punitive damages (potentially triple damages) if the court determines the discrimination was willful.
- Attorney fees and court costs.
How Being Fired Affects Your Workers’ Compensation Benefits
In most cases, wrongful termination does not automatically stop ongoing workers’ comp benefits like medical treatment or wage replacement, as long as the injury remains accepted and restrictions apply. Benefits continue based on the injury’s impact, not employment status.
However, if the firing stems from proven misconduct unrelated to the claim, it could influence certain payments. Seeking legal review quickly helps preserve full entitlements.
Common Mistakes Employees Make After a Work Injury
Many injured workers unknowingly hurt their claims by failing to report injuries immediately, not seeking medical treatment right away, or not following their doctor’s treatment plan. Others accept light-duty offers that exceed restrictions, worsening conditions, or resign without understanding the consequences.
Avoid discussing fault openly with coworkers or on social media, as statements can harm cases. Skipping scheduled medical appointments or not complying with treatment plans gives insurers grounds to challenge benefits.
Contact an Experienced North Carolina Workers’ Compensation Attorney for Help
If you’ve been fired after filing a workers’ compensation claim in Charlotte or anywhere in North Carolina, don’t wait to seek legal help. The North Carolina workers’ compensation attorneys at Stewart Law Offices understand both workers’ compensation and employment law. We know how to identify retaliation, gather evidence, file REDA complaints, and fight for your rights in court. Contact us today for a free consultation to discuss your case and learn how we can help you recover the benefits and compensation you deserve.