Can a Company Fire You While On Workers' Comp?

One of the frequent concerns expressed by employees who get injured on the job in North Carolina is the potential risk of losing their employment while on workers' compensation. This fear is certainly valid given the precarious situation that injured employees often find themselves in. However, the relationship between workers' compensation and employment rights is quite nuanced, and knowing your rights is critical. Let's cover the question, "can a company fire you while on workers' comp?"

Employment Status and Workers' Compensation

The principle of workers' compensation is straightforward - if you get hurt or fall ill due to work-related activities, your employer's insurance should provide for medical expenses and part of your lost wages. However, what's not as straightforward is the question, "can my employer terminate my employment while I'm on workers' compensation?"

The legal framework in North Carolina, as is the case with many states, is rooted in the doctrine of "at-will employment." Essentially, this doctrine means that either the employer or the employee can terminate the employment relationship at any time, for any reason, as long as that reason is not illegal.

Can a Company Fire You While On Workers' Comp?

North Carolina law expressly prohibits employers from terminating employees as a retaliatory action for filing a workers' compensation claim. This is a crucial protection designed to encourage employees to report injuries without fear of retribution. Therefore, if you are fired from your job due to your injury or because you filed a workers' compensation claim, you may have grounds for a wrongful termination lawsuit.

It is important to note that proving retaliation can be challenging. Employers rarely state outright that they are terminating an employee due to a workers' compensation claim. The burden often falls on the employee to demonstrate that their termination was retaliatory in nature.

What Should I Do If I Get Fired Because of My Worker's Comp Claim?

If you find yourself terminated while on workers' compensation, it's important to understand your rights and the next steps you should take.

Evaluate the Reason for Termination

Firstly, consider the reasons your employer gave for terminating your employment. As mentioned previously, employers in North Carolina can terminate an employee while on workers' comp for reasons unrelated to the claim, like company-wide layoffs, pre-existing performance issues, or serious misconduct.

Check for Retaliation

If the reason for your termination seems related to your workers' comp claim, it could potentially be an act of retaliation, which is illegal under North Carolina law. For instance, if your termination immediately follows your workers' compensation claim, or if comments from your employer suggest dissatisfaction with your claim, these could be signs of retaliation.

Document Everything

Maintain a record of all conversations, emails, and documents related to your termination and workers' compensation claim. This information could be critical in a legal dispute.

Continue Your Workers' Comp Claim

Importantly, your workers' compensation claim does not automatically end when your employment is terminated. You are still entitled to receive medical benefits and wage replacement for the injury, regardless of your employment status. Ensure you continue to receive the treatment necessary for your recovery.

Consult a Legal Professional

If you suspect wrongful termination or if your employer disputes your workers' comp claim, you should contact an experienced workers' compensation attorney as soon as possible. An attorney can provide guidance tailored to your situation, help you understand your rights, and represent you in disputes or potential lawsuits.

Potential Unemployment Benefits

If you are capable of some work but are unable to find employment due to your restrictions, you may be eligible for unemployment benefits. Discuss this possibility with your attorney or contact your state's unemployment agency for guidance.

Explore Other Legal Protections

Depending on your situation, other laws like the Family and Medical Leave Act (FMLA) or the Americans with Disabilities Act (ADA) may offer additional protections. For instance, if your workplace injury resulted in a disability, the ADA may protect you from termination and require your employer to provide reasonable accommodations.

Permissible Reasons for Termination

While you are protected from retaliation, it is crucial to understand that being on workers' compensation does not entirely shield you from termination. Employers can still terminate an employee on workers' compensation for legitimate reasons such as company-wide layoffs, job performance issues that existed before the injury, or serious misconduct. In such cases, it's often advisable to seek legal advice to determine if the termination was legal or a pretext for retaliation.

Additional Protections

Beyond the realm of workers' compensation, other laws may offer protection to injured workers. For instance, the Family and Medical Leave Act (FMLA) or the Americans with Disabilities Act (ADA) may provide additional job security. These laws offer protection for eligible employees with serious health conditions or disabilities, potentially providing a safeguard against termination while on workers' compensation.

How a Workers' Compensation Lawyer Can Help

Navigating the complexities of a workers' compensation claim can be a daunting task, especially when you are dealing with the physical and emotional toll of an injury. This is where a workers' compensation lawyer can prove invaluable. Here are several ways a workers' compensation lawyer can assist:

Understanding and Explaining Your Rights

An experienced attorney can provide a comprehensive understanding of your rights under the workers' compensation system. They can explain the process, what benefits you're entitled to, and how to protect your rights.

Preparing and Filing Your Claim

Filing a workers' compensation claim involves a lot of paperwork, and it's crucial to complete it accurately and in a timely manner. Your lawyer can help you gather the necessary medical records, accident reports, and other evidence to substantiate your claim.

Negotiating with the Insurance Company

Insurance companies often aim to minimize payouts. They may dispute the severity of your injury, or claim it's not work-related. A workers' compensation lawyer knows how to effectively negotiate with insurance companies and can help ensure you receive fair compensation.

Representing You at Hearings and Appeals

If your claim is denied, a workers' compensation lawyer can represent you in hearings and appeals, presenting evidence, cross-examining witnesses, and making legal arguments on your behalf.

Addressing Retaliation and Wrongful Termination

If your employer retaliates against you for filing a claim, or if you're wrongfully terminated, your lawyer can help you take the necessary steps toward justice, which may include filing a lawsuit.

Coordinating with Other Benefits

A workers' compensation lawyer can help ensure that your workers' comp benefits coordinate appropriately with other benefits, such as Social Security disability or unemployment benefits.

Pursuing a Third-Party Claim

If a party other than your employer contributed to your injury, you may need to file a third-party claim for additional compensation. A workers' comp lawyer can help you identify these opportunities and pursue them effectively.

A workers' compensation lawyer can guide you through each stage of the process, ensuring your rights are protected, and you receive the benefits you're entitled to. Legal representation can make a significant difference in the outcome of your case.

What Do Workers' Compensation Benefits Include?

Workers' compensation is designed to provide support to employees who suffer job-related injuries or illnesses. The specifics can vary from state to state, but in general, workers' compensation benefits include the following:

Medical Expenses

Workers' compensation typically covers all necessary and reasonable medical treatment related to the work injury. This includes doctor's visits, hospital care, prescriptions, physical therapy, and any other necessary medical treatments or equipment.

Disability Benefits

If your work-related injury or illness prevents you from returning to work, either temporarily or permanently, you may receive disability benefits. These benefits replace a portion of your lost wages. The amount and duration of these benefits depend on whether the disability is total or partial, temporary or permanent.

Temporary Total Disability (TTD)

If you're unable to work at all while recovering, you can receive TTD benefits.

Temporary Partial Disability (TPD)

If you can do some work during your recovery, but you're earning less than before your injury, you can receive TPD benefits.

Permanent Total Disability (PTD)

If your injury leaves you unable to ever return to work, you can receive PTD benefits.

Permanent Partial Disability (PPD)

If your injury results in a permanent impairment that partially limits your ability to work, you can receive PPD benefits.

Vocational Rehabilitation

If your injury prevents you from returning to your former job, you may be entitled to vocational rehabilitation services. These can include job retraining, job placement assistance, and other resources to help you return to the workforce.

Death Benefits

If a worker dies as a result of a job-related injury or illness, workers' compensation provides death benefits to the worker's dependents. These typically include funeral and burial expenses and loss of financial support.

Travel Expenses

In some cases, workers' compensation may also cover the cost of travel to and from medical appointments.

The exact benefits and how they're calculated can vary depending on the laws in your state and the specifics of your case. It's always a good idea to consult with a workers' compensation attorney or another professional to understand exactly what benefits you may be entitled to in your situation.

Contact The Law Offices of John M. McCabe

The intersection of workers' compensation and employment law can be complex. If you're in a situation where you're unsure about your rights or fear retaliation for a workers' compensation claim, consider seeking legal advice.

At The Law Offices of John M. McCabe, we're experienced in handling complex workers' compensation claims and ensuring our clients understand their rights and protections. Don't navigate these difficult waters alone. Let us be your guide and advocate in your journey towards recovery and job security.