Suffering a work-related injury can be a traumatic experience. You may be left with physical and emotional scars, not to mention the burden of mounting medical bills. On top of that, you may also be worried about losing your job. But is it legal for your employer to terminate you following a workers’ comp claim?
Can Your Employer Terminate You Following a Workers’ Comp Claim?
The good news is that typically, employers will not terminate an injured worker after he or she has been hurt on the job. That would be considered retaliation and is against the law. However, there are certain circumstances where an employer may be able to terminate an employee following a workers’ comp claim.
When Is a Termination Following A Workers’ Comp Claim Legal?
It is important to know that based on North Carolina employment laws, filing a claim does not ultimately protect you from being fired—so it is true that there is still a possibility you could lose your job.
One common scenario is if the employee’s injury prevents them from performing their job duties. If the employer can show that there are no suitable alternative positions available and that the employee is unable to perform their previous job duties, they may be able to terminate the employee.
Another situation in which a termination may be legal is if the employee violates company policy or engages in misconduct. In this case, the termination would be unrelated to the workers’ compensation claim and would be based on the employee’s actions.
It’s important to note that employers must have a legitimate reason for terminating an employee following a workers’ compensation claim. If the termination is found to be retaliatory or discriminatory, the employer could face legal consequences.
How Do You Fight Against Unlawful Termination?
If you believe that your employer has terminated you unlawfully following a workers’ comp claim, there are steps that you can take to fight back. First and foremost, it’s important to gather any evidence that supports your claim. This may include documentation of your injury, medical records, correspondence with your employer, and witness statements.
Next, you should consider contacting an attorney who specializes in employment law. They can advise you on your rights and options, as well as help you navigate the legal process. They may also be able to negotiate a settlement with your employer on your behalf.
If you choose to pursue legal action, you may need to file a complaint with the appropriate government agency, such as the Equal Employment Opportunity Commission (EEOC) or the Department of Labor. They will investigate your claim and determine whether there is evidence of unlawful termination.
In some cases, it may be possible to resolve the issue through mediation or arbitration. This can be a more cost-effective and efficient way to resolve disputes, and may result in a settlement that is satisfactory to both parties.
Ultimately, the best way to fight against unlawful termination is to be informed, prepared, and persistent. With the right evidence and legal support, you can protect your rights and hold your employer accountable for any wrongdoing.
Do You Really Have to Seek the Help of an Attorney?
While it’s not required to seek the assistance of an attorney when you are terminated following a workers’ compensation claim, it’s highly recommended. An experienced attorney can help you navigate the complex legal system and ensure that your rights are protected. They can also help you understand the laws surrounding workers’ compensation and wrongful termination.
Make sure you have someone looking out for you and your rights—someone who thoroughly understands North Carolina workers’ compensation laws and how to make wrongs right if you’ve been injured on the job. Don’t feel intimidated into not filing the workman’s comp claim that you rightly deserve. With a team like Oxner + Permar, you’ll have years of experience and successful litigation on your side.
