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.