You’re hurt on the job, file a workers’ comp claim, and then your employer lets you go. Now you’re dealing with a workplace injury and no paycheck. It’s a situation no one should face, yet it happens more often than you’d think in Wilmington and across North Carolina.
Here’s what matters most: North Carolina law protects you from retaliation for filing a workers’ compensation claim. If your employer terminated you for exercising your legal right to benefits, you may have grounds for both a continued workers’ comp claim and a separate retaliation lawsuit.
Your consultation with Horton & Mendez is completely free, and you don’t pay us unless we win. Call 910-405-7751 to talk to an experienced Wilmington workers’ compensation lawyer who can evaluate your situation today.
Can Your Employer Fire You While You’re On Workers’ Comp In NC?
North Carolina is an at-will employment state, meaning employers can generally terminate employees for any lawful reason or no reason at all. However, there’s a critical exception: your employer cannot fire you because you filed or pursued a workers’ compensation claim.
North Carolina law prohibits any person from discriminating against or retaliating against an employee for filing a workers’ compensation claim or complaint in good faith. This protection is provided by North Carolina’s Retaliatory Employment Discrimination Act (REDA), found in N.C. Gen. Stat. § 95-241.
So while your employer can technically let you go while you’re on workers’ comp, they cannot do it because you’re on workers’ comp. The reason behind the termination is what matters.
What Is Workers’ Comp Retaliation Under North Carolina Law?
Workers’ comp retaliation happens when an employer takes negative action against you specifically because you filed a workers’ compensation claim or exercised your rights under North Carolina’s Workers’ Compensation Act (Chapter 97 of the General Statutes).
Under REDA, “retaliatory action” means the discharge, suspension, demotion, or retaliatory relocation of an employee, or any other adverse employment action taken against an employee, in the terms, conditions, privileges, or benefits of employment. In other words, retaliation isn’t limited to firing. It can include demotions, pay cuts, schedule changes, or being moved to a less desirable position.
How To Prove Workers’ Comp Retaliation In North Carolina
Proving retaliation requires showing a connection between your protected activity (filing a workers’ comp claim) and your employer’s negative action (firing you). Here’s what typically strengthens a retaliation case.
- Timing. If you were fired shortly after filing your claim or returning from medical leave, the timing alone can be powerful evidence. An employer who terminates you the week you file a claim has a lot to explain.
- Inconsistent reasons. If your employer gives shifting or contradictory explanations for why you were let go, that may suggest the real reason was your workers’ comp claim.
- Different treatment. If coworkers who didn’t file claims were treated more favorably under similar circumstances, that disparity supports your case.
- Direct evidence. Comments from supervisors or managers connecting your termination to your injury or claim can be critical evidence.
Under REDA, it’s not a violation for an employer to discharge an employee who engaged in protected activity if the employer proves by the greater weight of the evidence that it would have taken the same unfavorable action even without the protected activity. This means your employer can argue they had a legitimate, unrelated reason for letting you go. That’s exactly why having a lawyer who understands how employers construct these defenses matters so much.
As former insurance defense attorneys, our managing attorneys at Horton & Mendez have watched employers and carriers assemble these arguments firsthand. We know where the weak points are. Call 910-405-7751 for a free consultation.
Do You Still Receive Workers’ Comp Benefits After Being Fired?
Yes. This is one of the most common questions we hear, and the answer is reassuring. Your workers’ compensation benefits are tied to your workplace injury, not to your employment status. If you were receiving benefits before you were fired, those benefits don’t automatically stop just because you lost your job.
You’re still entitled to:
- Medical treatment for your work-related injury.
- Disability benefits (temporary total, temporary partial, or permanent) based on your condition.
- Any benefits previously approved by the NC Industrial Commission.
Your employer’s insurance carrier may try to use your termination as leverage to pressure you into settling for less than you deserve. Don’t give in. We’ve been on the carrier’s side of those settlement conversations, and we know when an offer undervalues your claim.
What Happens To Your Health Insurance After Being Fired While On Workers’ Comp?
Losing your job often means losing employer-sponsored health insurance. When an employee is terminated, employer-sponsored health insurance usually ends within 30-60 days.
However, you may have options.
COBRA continuation coverage. COBRA allows employees who lose their jobs to continue their group health coverage for a limited period, provided the employer had 20 or more employees. COBRA coverage can last from 18 to 36 months, depending on the qualifying event. Keep in mind that you’ll likely pay the full premium yourself, which can be expensive.
Workers’ comp medical benefits. Even without health insurance, your workers’ compensation claim should continue to cover medical treatment for your workplace injury. These are separate from your employer’s health plan.
Marketplace coverage. Losing job-based health insurance qualifies you for a special enrollment period on the Health Insurance Marketplace.
Can You File Both A Workers’ Comp Claim And A Retaliation Lawsuit?
Yes, you can pursue both. Your workers’ compensation claim and a REDA retaliation claim are separate legal actions with different goals.
- The NC Industrial Commission handles your workers’ comp claim and covers medical bills and disability benefits related to your injury.
- Your REDA retaliation claim is a separate action that can seek remedies including reinstatement to the same position, reinstatement of full fringe benefits and seniority rights, and compensation for lost wages, lost benefits, and other economic losses caused by the retaliatory action.
Suppose the court finds that a willful violation of N.C injured the employee. Gen. Stat. § 95-241, the court shall treble the amount awarded for economic losses. This means that if your employer’s retaliation was intentional, your damages could be tripled.
How Long Do You Have To File A Retaliation Claim In NC?
Time is critical. Under REDA, you must file your complaint within 180 days of the alleged violation. That’s roughly six months from the date you were fired or experienced the retaliatory action.
You file a written complaint with the Commissioner of Labor alleging the violation. The Commissioner investigates and either attempts to resolve the issue or issues a right-to-sue letter, allowing you to bring a civil lawsuit.
Don’t wait to explore your options. Once that 180-day window closes, you may lose your right to pursue a retaliation claim entirely.
How A Wilmington Workers’ Compensation Lawyer Fights Back Against Retaliation
At Horton & Mendez, Injury & Car Accident Attorneys, our managing partners spent years in insurance defense before joining the fight for injured workers. Over 65+ years of combined practice, we’ve seen how employers and carriers prepare their defense when retaliation claims rise. We know how to anticipate those arguments and dismantle them.
Now we channel that insider perspective to protect workers throughout Wilmington and across North Carolina. We anticipate the employer’s strategy, build cases that counter their arguments, and fight to protect your benefits and your rights.
Our practice places particular emphasis on workers’ compensation. We handle claims through the NC Industrial Commission and fight retaliation claims under REDA. Whether you’re still receiving benefits or your employer just fired you, we can help you understand your options and take action.
Your consultation is free, and there’s no fee unless we win. Call 910-405-7751 today. Visit us at 6105 Oleander Dr., Suite 102 in Wilmington, or contact any of our offices across North Carolina in Jacksonville, Gastonia, Apex, Winston-Salem, Cornelius, and Monroe.
