No one should ever have to worry about losing their job after filing a workers’ compensation claim. If you’ve been hurt on the job and are now concerned that seeking the benefits you’re entitled to might put your employment at risk, you might be wondering, “Can I be fired or laid off for filing a workers’ comp claim?” With the help of a hickory workers’ compensation attorney, understanding your rights is the first step toward identifying the signs so you can protect yourself and your future.
Understanding Your Rights After Filing a Workers’ Comp Claim
In 2023, 90% of all OSHA complaints were workplace injuries, accounting for one death every 99 minutes and over $176 billion in injury claims.
Filing a workers’ comp claim is supposed to be a way to get the support you need after a job-related injury. Unfortunately, many workers hesitate to file because they’re afraid that doing so could cost them their jobs.
However, the law protects you from being punished just for filing a claim, even though some employers still try to find ways around the rules.
That’s why it’s so important to understand what your rights really are and to keep an eye out for anything that doesn’t feel right after you report your injury.
Can Your Employer Fire You After Filing a Claim?
While it’s illegal to fire someone just for filing a workers’ comp claim, there are exceptions and practical complications. If your employer can show a legitimate, non-retaliatory reason for firing you, like company-wide layoffs, poor performance unrelated to your injury, or violating workplace policies, then they could legally terminate your employment.
The challenge is proving you were fired because of your workers’ compensation claim and not for another reason. Employers often try to hide retaliation under other explanations, which is why documenting everything, including your injury report, medical visits, and communication with your employer, is so important.
Layoffs and Workers’ Comp Claims: What’s the Difference?
Being laid off isn’t the same as being fired. Layoffs usually happen because the company is cutting costs or restructuring, not because of employee behavior. Unfortunately, layoffs sometimes happen shortly after someone files a workers’ comp claim, which can raise suspicions of retaliation.
If layoffs happen in a way that disproportionately targets injured employees, this could be viewed as unlawful retaliation. However, if layoffs affect a broad group of employees or are part of a genuine reduction in the workforce, the employer might be within their rights.
Retaliation Beyond Termination: What Else Should You Watch For?
Retaliation doesn’t always mean losing your job. Employers might engage in subtler tactics like reducing your hours, cutting your pay, demoting you, or giving you fewer desirable shifts. These actions can be illegal if they’re meant to punish you for filing a claim.
If you notice any negative changes after filing your claim, it’s worth jotting them down and discussing the situation with an experienced attorney. Retaliation can sometimes be harder to prove in these cases, but it still violates your rights.
How to Protect Yourself If You’re Injured on the Job
While dealing with work injuries is tough, knowing how to protect your rights after an accident is just as important. Taking the right steps early on can make a huge difference, and these steps include.
- Immediately report the injury.
- Keep detailed records/documentation relating to your injury and claim
- Know your company’s policies
- Seek early legal advice
The way you handle your injury and workers’ comp claim from the very beginning sets the stage for what happens next. By acting quickly, staying organized, and understanding your rights, you can help avoid problems down the road.
What Can You Do If You Believe You’ve Been Retaliated Against?
If you think you were fired, laid off, or otherwise retaliated against because of a workers’ compensation claim, you have legal options. North Carolina law allows employees to file complaints with the Industrial Commission, the body that oversees workers’ compensation disputes.
In addition, you can pursue claims for wrongful termination or retaliation in court. These cases can be complex and often require proof that your injury claim was the real reason for adverse actions. With the help of a Hickory workers’ compensation attorney, you can move forward with confidence.
FAQs
Q: Can I Collect Workers’ Comp Benefits if My Injury Wasn’t Reported Immediately?
A: You can collect workers’ comp benefits if your injury wasn’t reported immediately. However, delayed reporting can complicate your claim. North Carolina requires that injuries be reported promptly, but there are exceptions if you can show a good reason for the delay, like not realizing the injury was work-related. Always report injuries as soon as possible to protect your rights.
Q: What if My Employer Offers Me a Settlement to Avoid Filing a Workers’ Comp Claim?
A: If your employer offers you a settlement to avoid filing a workers’ comp claim, refuse it. Employers sometimes try to settle injury claims privately, but accepting a settlement without legal advice can be risky, as you could lose all rights to future benefits or medical care. Consult an attorney before agreeing to any payout to ensure the offer is fair and covers your needs.
Q: Can I Still Receive Workers’ Comp Benefits If I Get Fired After Filing a Claim?
A: You can still receive benefits even if you’re fired, so long as your injury happened on the job and your claim is approved. Your medical coverage should continue, and you could still receive wage replacement benefits, depending on your situation. However, the firing could impact your eligibility for other benefits, so it’s important to clarify your status.
Q: What Should I Do If I’m Fired After Filing a Workers’ Comp Claim?
A: First, request a written explanation for your termination. Then, gather all related documentation, like emails, performance reviews, injury reports, etc. File or continue your workers’ comp claim and consider filing a complaint with the North Carolina Industrial Commission if you suspect retaliation. Talking to an attorney can help protect your rights and guide your next steps.
Take Control of Your Rights After a Workplace Injury
You shouldn’t have to choose between your health and your job security. If you’ve been hurt at work and you’re worried about being fired or laid off after filing a workers’ comp claim, the team at M. Reid Acree Jr., Attorney at Law, can help. Contact us today to schedule a consultation.