Why you should not fear filing a workers compensation

On Behalf of | Dec 2, 2019 | Workers' Compensation |

One of the leading reasons workers fail to claim their compensation in North Carolina is that they fear to lose their jobs. Once employees get work-related injuries, they tend to use their health insurance to visit the doctor during their sick-days. But, may an employer fire a worker for filing a worker’s compensation claim?

No employer has the right to fire a worker for filing a worker’s compensation claim. However, an employer may fire a worker whose compensation claim is open. Though, they have to present enough evidence that the laying off was not due to the filing of the complaint.

In employment, there are at-will employees and contracted employees. At will employees are those that the employer may terminate any time for any reason. The employees also have the right to resign from their jobs for no reason or any reason at all. When an at-will employee files for a worker’s comp claim, it gives the employer a motive to fire them. The employer may not out-rightly tell the workers that they are losing the job for filing a complaint. However, the law prohibits any retaliation for filing a worker’s compensation claim.

A contracted employee has more rights than an at-will employee. The contracts call for specific reasons that the employer should include showing why you may face termination. Most employers add an extra clause in a worker’s contract giving the employer the right to terminate the agreement of the employee if they are not able to work for a specified period such as six months. Most employers take advantage of this and fire the employee if the employee makes a long term compensation claim. Incidentally, doing that is within the legal bounds