Understanding Your Rights & Protections in North Carolina
Suffering a workplace injury can be overwhelming, but the thought of losing your job while trying to recover adds another layer of stress. If you’ve filed a workers’ compensation claim in North Carolina, you may be wondering: “Can I be fired while I’m out on workers’ comp?”
The answer is nuanced. While North Carolina is an “at-will” employment state, meaning employers can terminate employees for nearly any reason, there are important legal protections in place to prevent retaliation for exercising your workers’ compensation rights. This article explains what those protections are, what’s legal, what’s not, and when to seek help from a qualified attorney.
Can Your Employer Fire You While You’re Receiving Workers’ Comp?
Technically, yes. In North Carolina, most employment is considered “at-will,” which means your employer can terminate your employment at any time, with or without cause, so long as it’s not for a prohibited reason.
But here’s the key: Your employer cannot fire you simply because you filed a workers’ compensation claim or because you hire an attorney. However, you would have the burden of proving you were terminated for these reasons in order to have a valid labor claim. Doing so could be considered retaliatory termination, which is illegal under North Carolina law.
What Counts as Retaliation?
According to the North Carolina Retaliatory Employment Discrimination Act (REDA), it is unlawful for an employer to retaliate against an employee for:
- Filing a workers’ compensation claim
- Testifying or preparing to testify in a workers’ compensation case
- Seeking medical treatment related to a work injury
If you’re terminated, demoted, harassed, or otherwise treated unfairly for asserting your rights under the Workers’ Compensation Act, you may have grounds to file a REDA claim.
Legitimate Reasons for Termination During a Workers’ Comp Case
It’s important to note that filing a workers’ compensation claim does not grant you absolute job protection. Employers can still terminate workers who:
- Violate company policies
- Have a history of poor performance
- Are subject to layoffs or restructuring
- Cannot return to work in any capacity, even with accommodations
That said, timing matters. If you're terminated soon after filing a claim, and there's no clear, documented reason, it may raise red flags.
What If I’m Fired While Recovering?
If you’re terminated while receiving workers’ compensation, your benefits may continue depending on the circumstances. For example:
- If you were receiving temporary total disability (TTD) benefits and were fired for a reason unrelated to your injury, you may still be entitled to wage replacement.
- If your employer argues the termination was “for cause,” they may try to cut off your benefits, especially if they allege misconduct or policy violations.
This is where things get complicated, and legal representation can make a major difference in the outcome of your claim.
Can I Be Rehired After Recovering?
North Carolina law does not require your employer to hold your job indefinitely. If you are able to return to work, either in your previous role or in a light-duty assignment, your employer may offer a suitable position.
If they don’t, and your injury prevents you from earning your pre-injury wages, you may be entitled to ongoing wage replacement or vocational rehabilitation assistance to find suitable alternative employment.
What to Do If You Suspect Retaliation
If you believe you were fired or treated unfairly due to your workers’ compensation claim, act quickly:
- Document everything: Keep records of emails, conversations, performance reviews, and any comments made about your claim.
- Request the reason for your termination in writing.
- Consult a workers’ compensation attorney who also understands REDA claims.
- File a complaint with the NC Department of Labor’s Retaliatory Employment Discrimination Bureau within 180 days of the retaliatory act.
Deadlines matter. Missing the filing window could affect your right to pursue a REDA claim.
How Shankle Law Firm Can Help
At Shankle Law Firm, we’ve seen how difficult it can be for injured workers who are trying to do the right thing, only to face employer pushback or wrongful termination. Our team will:
- Investigate the facts of your termination
- Represent you before the NC Industrial Commission or REDA division
- Protect your right to medical care, wage replacement, and fair treatment
- Help you navigate next steps if you’ve been fired and your injury limits your ability to work
Maggie Shankle is a Board-Certified Workers’ Compensation Specialist and Super Lawyer with decades of experience in protecting the rights of injured workers across North Carolina.
Call Today If You Have Questions About Your Job & Workers’ Comp
If you’re worried about being fired while receiving workers’ comp, or if you’ve already been terminated, don’t wait. Your future, income, and recovery may be at stake.
Call Shankle Law Firm or contact us online to schedule your free consultation. We’ll walk you through your rights, explain your options, and help you take action if your employer has crossed the line.
*Please Note - The content on this website is for informational purposes only and does not constitute legal advice. Viewing this site, using information from it, or communicating with Shankle Law Firm, PA through this site does not create an attorney-client relationship. For legal advice tailored to your situation, please contact us directly at (704) 370-1212.