Parker & Frey PLLC
Free Consultation 910-591-2551 Email

Can you be fired for filing a workers' compensation claim?

If you are injured on the job, you may be afraid to file a workers' compensation claim to recover benefits for the injury, fearing that you will lose your job. Although this is understandable, it an unacceptable excuse to not exercise your right to workers' compensation benefits in North Carolina.

The primary reason for this is that it is illegal in North Carolina for an employer to do this. Specifically, the North Carolina Retaliatory Employment Discrimination Act (REDA) prohibits an employer from taking any adverse action against an employee who files a workers' compensation claim.

What is an adverse action?

In addition to firing an employee, an adverse action includes many situations where an employer uses tactics to punish you for filing a workers' compensation claim. This includes demotions, suspensions, docking of pay, withholding vacation time, refusing to schedule you for work, or otherwise changing the your employment situation for the worse.

Although REDA prevents you from adverse actions for filing a workers' compensation claim, it does not prevent your employer from terminating you if you cannot return to work because of your injury after a certain time.

Since the law is complex in this area, it is important to have the guidance of an experienced workers' compensation attorney if you have been injured while working. An attorney can protect your rights and work on your behalf to obtain the best possible outcome.

No Comments

Leave a comment
Comment Information
  • AV | Peer Review Rated
  • North carolina | Advocates for justice
  • North carolina | Bar Association
  • BBB Accredited Business
  • Board Certified Specialist North Carolina Bar
Email Us For A Response

Get A Free, No-Risk Consultation

Contact our North Carolina law firm by email or at 910-591-2551 to schedule a free consultation with a Fayetteville or Dunn attorney for worker's compensation, personal injury or Social Security Disability. We only get paid if you choose to retain us and we successfully recover compensation for you.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Parker & Frey PLLC
600 West Cumberland Street
Dunn, NC 28334

Toll Free: 800-231-8707
Phone: 910-591-2551
Fax: 910-892-0553
Dunn Law Office Map

Fayetteville Office
2919 Breezewood Ave
Suite 200B
Fayetteville, NC 28303

Toll Free: 800-231-8707
Phone: 910-591-2551
Fax: 910-892-0553
Fayetteville Law Office Map