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Contact the Law Offices of James Scott Farrin
1-866-900-7078
Contact the Law Offices of James Scott Farrin 1-866-900-7078

I Got Fired After I Filed for Workers’ Comp. Now What?

Employees in North Carolina are considered “at will” employees. What this means is that your employer can fire you at any time for any reason unless that reason is against the law.

Rightly or wrongly some employees are fired because they file a workers’ compensation claim. This is illegal.

Even so, what we have experienced is that many employers are crafty enough to come up with another explanation for why they are terminating an injured worker that coincidentally filed for a workers’ comp claim. Unless you have a contract of employment, such as through a union, your employer can terminate you even while you are out of work recovering from a work injury. But they won’t admit they are firing you because you filed for a workers’ comp claim.

Based on my nearly 15 years litigating workers’ compensation cases, I have seen some employers make up all kinds of “reasons” why they had to fire an employee.

One employer actually told an employee that he was being fired because he “took too long to heal.” Click here to find out how that employee turned this situation into an inspiring story after he contacted us for help.

You Can Still Get Workers’ Comp Checks if You Were Fired

Even if you are terminated, and you are receiving workers’ compensation, you will still be entitled to receive weekly wage loss checks from workers’ compensation until your doctor says you are able to return to work.

File a Complaint if You’ve Been Fired

If you believe that you have been terminated, suspended, or demoted solely because you filed a workers’ compensation claim, you may file a written complaint with the Commissioner of Labor under the Retaliatory Employment Discrimination Act (REDA). Your complaint must be filed within 180 days of the alleged violation. Click here for more information.

You can also contact us. If we believe you have a case, we will handle nearly everything for you, so you can focus on trying to heal and go back to work.

Contact James Scott Farrin if You Think You May Have a Claim

If you believe you may have a claim contact the Law Offices of James Scott Farrin to see if one of our experienced workers’ compensation attorneys can help. We will discuss your case with you initially for free. We strive to listen patiently and intently to what has happened to you. We investigate and try to find the facts. We use the skills of our remarkable and caring staff to follow up. If we join forces, we advise you on what we believe is the best course for you. Our firm fights for a fair recovery and for the benefits you may deserve. We fight for you and your family’s future. We don’t back down and we don’t frighten. We stay with it.

If you have the Law Offices of James Scott Farrin on your side, the other side had better be prepared.

6 NC Board Certified Specialists in Workers’ Comp Law

More than half of our workers’ comp attorneys are North Carolina Board Certified in workers’ compensation law. That’s a pretty big deal. Of the more than 28,000 attorneys licensed in North Carolina, less than 1% (148) of them are North Carolina board certified specialists in workers’ compensation law*. What does it mean to be board certified? It means you have an attorney who shows special knowledge and proficiency in their specific area of law, having undergone additional training and other intense analysis to become certified as a specialist.

Get a FREE Case Evaluation from NC Workers’ Comp Lawyers

Some employers know their way around the law and may be betting that you do not. Maybe you don’t (why should you?). But we do know the law – we know how to try to make sure your employer keeps it legal so that you are not caught on the defensive just because you were injured on the job.

We strongly urge anyone who has been injured on the job to contact us or call 1-866-900-7078 immediately after their injury. If we can help, we will try to ensure that you get the compensation and benefits you may be entitled to – despite what your employer may try to pull.

 

*Figures provided by the N.C. State Bar as of December 31, 2017.

 

Susan Vanderweert joined the Law Offices of James Scott Farrin in 2015 handling Workers’ Compensation cases, and is a North Carolina Board Certified Specialist in Workers' Compensation law. Prior to joining the Law Offices of James Scott Farrin, she represented the other side – insurance companies and employers – for more than 12 years.

Ms. Vanderweert earned her J.D. from the University of North Carolina School of Law at Chapel Hill, where she was Editor-in-Chief for the North Carolina Journal of International Law and Commercial Regulation. She earned a Master of Arts in Liberal Studies from Duke University and a Bachelor of Arts from the University of Minnesota Duluth, where she double majored in Political Science and Communication.

Throughout Ms. Vanderweert’s career she has practiced in the areas of Appellate Advocacy, Insurance Regulatory Matters, and Workers’ Compensation. While she has worked in a variety of capacities – journalism, public relations, and managing a variety of nonprofit professional associations and trade groups – nothing comes close to the satisfaction she gets from helping injured workers.

Contact Information

Raleigh Law Office

4325 Lake Boone Trail, Suite 100
Raleigh, NC 27607
Phone: 919-834-1184
Toll Free: 1-866-900-7078

Durham Law Office

280 South Mangum Street, Suite 400
Durham, NC 27701
Phone: 919-688-4991
Fax: 800-716-7881

Fayetteville Law Office

517 Owen Drive
Fayetteville, NC 28304
Phone: 910-488-0611
Toll Free: 1-866-900-7078

Charlotte Law Office

1001 Morehead Square Drive, Suite 350
Charlotte, NC 28203
Phone: 704-599-1078
Toll Free: 1-866-900-7078

New Bern Law Office

1505 South Glenburnie Rd, Unit P
New Bern, NC 28562
Phone: 252-634-9010
Toll Free: 1-866-780-3422

Greenville Law Office

702 G Cromwell Dr.
Greenville, NC 27858
Phone: 252-355-5205
Toll Free: 1-866-780-3227

Greensboro Law Office

300 N. Greene Street, Suite 850
Greensboro, North Carolina 27401
Phone: 336-665-7072
Toll Free: 1-866-900-7078

Goldsboro Law Office

214 South William Street, Suite 3
Goldsboro, NC 27530
Phone: (919)-731-2581
Toll Free: 1-866-900-7078

Henderson Law Office

514 Dabney Drive, Suite 200
Henderson, NC 27536
Phone: 252-492-4600
Toll Free: 1-866-900-7078

Roanoke Rapids Law Office

709 Julian R. Allsbrook Highway
Roanoke Rapids, NC 27870
Phone: 252-537-9670
Toll Free: 1-866-900-7078

Rocky Mount Law Office

3202 Sunset Avenue, Suite B
Rocky Mount, NC 27804
Phone: 252-937-4730
Toll Free: 1-866-900-7078

Sanford Law Office

703-B South Horner Boulevard
Sanford, NC 27330
Phone: 919-775-1564
Toll Free: 1-866-900-7078

Wilson Law Office

2315 Airport Blvd Suite A
Wilson, North Carolina 27896
Phone: 252-246-9090
Toll Free: 1-866-900-7078

Winston-Salem Law Office

301 N. Main Street, Suite 2409-C
Winston-Salem, NC 27101
Toll Free: 1-866-900-7078