You got hurt on the job. You did what you were supposed to do — reported your injury, filed a workers’ compensation claim, and started your recovery. But now, you’re worried: Can my employer fire me while I’m on workers’ comp in NC?
It’s a valid concern — and one we hear often. Let’s break down what the law says and what rights you still have while recovering from a workplace injury. 👇
⚖️ The Short Answer: Yes, But Not Because of Your Claim
In North Carolina, you can be fired while on workers’ comp, but not for filing a claim.
🚫 It’s illegal for an employer to fire you in retaliation for:
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Filing a workers’ compensation claim
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Reporting a workplace injury
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Seeking medical treatment related to your injury
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Testifying in another employee’s comp case
This is considered retaliatory termination, and it’s a violation of North Carolina Retaliatory Employment Discrimination Act (REDA).
✅ When Firing Is Legal During Workers’ Comp
There are situations where your employer can legally let you go — even while you’re receiving benefits:
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📉 Layoffs due to company-wide reductions or restructuring
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❌ Termination for misconduct unrelated to your injury
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🛠️ Inability to return to your previous role due to medical restrictions after reasonable accommodations are explored
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🚫 Violation of company policy or absenteeism unrelated to your injury
The key issue is why you were fired — not when.
🔎 What If They Say It’s Something Else?
Some employers try to hide retaliation behind vague excuses like:
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“You were no longer a good fit.”
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“Your position was eliminated.”
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“It was a business decision.”
If the timing of your termination is suspicious — shortly after filing a claim — or your employer’s explanation feels inconsistent, it could point to retaliation.
💡 Pro Tip: Keep all documentation — emails, performance reviews, and communications around your claim and termination. These can be crucial in building your case.
🧑⚖️ What Are Your Rights If You’re Fired?
Even if you’re fired, you may still be entitled to:
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💵 Ongoing workers’ comp benefits (medical and wage loss)
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💼 A potential REDA retaliation claim
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👨⚖️ Reinstatement or damages if retaliation is proven
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📄 Unemployment benefits, depending on the circumstances
Filing a retaliation claim or wrongful termination lawsuit requires evidence and timing — that’s where a qualified attorney comes in.
💼 Burts Law, PLLC Protects Injured Workers
At Burts Law, PLLC, we fight for North Carolina workers who are treated unfairly after a job-related injury. Whether you’ve been fired wrongfully or your benefits were cut off too soon, we’re here to help you understand your rights and pursue justice. 💪
📞 Fired While on Workers’ Comp? Call Us Today.
If you’ve been let go after filing a workers’ compensation claim, don’t guess — get answers. Let Burts Law, PLLCreview your case and protect your rights.
📱 Call (866) BURTS-LAW or visit 🌐 www.burtslaw-sc.com to schedule your free consultation.
