Charlotte Fired While On Workers Comp Lawyer

Trusted Fired While On Workers Comp Attorney in Charlotte, NC

Suffering a workplace injury often brings financial and employment concerns. A termination can add layers of difficulty to a workers’ compensation proceeding. A Charlotte fired while on workers’ comp lawyer can help an injured employee understand whether termination impacts a pending claim or whether the employer may have violated North Carolina workers’ comp laws by doing so.

About The Sumwalt Group Workers’ Comp and Trial Lawyers

At The Sumwalt Group Workers’ Comp and Trial Lawyers, we represent injured workers and personal injury victims across North Carolina and South Carolina. This includes residents who live out of state but have injury claims that arose in either state. Our attorneys have over 45 years of experience combined.

Vernon Sumwalt has tried more than 300 workers’ compensation hearings and hundreds of other cases to verdict or resolution without a hearing. Christa Sumwalt has tried more than 125 jury trials and worked as a prosecutor. We offer free confidential consultations to begin evaluating a case and focus on our clients’ understanding of their legal rights and options.

Vernon Sumwalt

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Can You Be Fired While Receiving Workers’ Compensation in North Carolina?

It should be noted that being fired while on workers’ comp is not inherently illegal. The circumstances of the firing and whether it was related to an employee’s workers’ compensation can help determine the legality of the firing.

North Carolina does not have a law that covers employees from termination while on workers’ compensation. An employer might have an entirely valid reason for terminating the employment relationship that does not relate to the claim.

An employer could argue that the decision resulted from employee misconduct, a reduction in force that includes multiple employees, violation of workplace policies, or another legitimate business reason. Having a workers’ compensation claim does not necessarily prevent an employer from making employment decisions, particularly those that would have been made regardless of an employee’s workers’ compensation status.

The legal concern arises when an employee is fired for filing or pursuing a workers’ compensation claim. Under North Carolina law, specifically General Statutes § 95-241, employers are prohibited from firing, threatening, demoting, or otherwise retaliating against an employee for filing a claim or complaint, starting legal proceedings, or engaging in other activities covered by the state’s Retaliatory Employment Discrimination Act (REDA).

Timing can play a role in proving retaliation but does not automatically prove it. Employers may have legitimate reasons that overlap with protected activity.

Signs Termination May Be Due to a Workers’ Compensation Claim

Employees fired after reporting an injury may question their employer’s intentions. Evidence from before and after the workplace injury can provide clarity on why the employer decided to terminate the employment relationship. Situations that could raise red flags are listed below:

• An employee is fired immediately after filing a workers’ compensation claim.
• A supervisor makes negative statements about filing the claim.
• Discipline is initiated suddenly and is inconsistent with the employee’s disciplinary history.
• Other employees in similar positions are treated differently because they did not file claims.
• An employee was pressured not to report the injury or asked to withdraw a claim.
• The reason for termination conflicts with employment records or prior statements made by the employer.
• Other employees were fired after filing a workers’ compensation claim, even if the employer claimed it was for a legitimate reason.

These situations do not prove that the termination was illegal or retaliatory by themselves. An employer can rebut the implication of retaliation by proving that they would have made the same employment decision anyway. However, these instances can help strengthen your case.

Filing a Retaliation Complaint Under REDA

The North Carolina Industrial Commission reports that during the 2024–2025 fiscal year, 56,921 workers’ compensation cases were launched, including 16,204 Form 18 injury claims submitted by employees. In addition, the Commission issued 1,383 rulings or dispositions on applications to stop or suspend workers’ compensation payments.

Employees who suspect they were retaliated against for engaging in protected activity have a process for submitting a complaint. According to N.C. Gen. Stat. § 95-242, an employee can file a written complaint to the North Carolina Commissioner of Labor. Included in the complaint should be the employee’s name, the employer’s name and contact information, a description of the protected activity, the alleged retaliatory action, and other pertinent information.

REDA claims have their own procedural requirements and should not be confused with the workers’ compensation claim itself. Filing a Form 18 does not automatically initiate a REDA retaliation complaint.

If successful, REDA may allow an employee to receive reinstatement to their former position or an equivalent position. Other remedies may include restoration of benefits and seniority as well as compensation for lost wages and other financial losses. Damages available under REDA may differ if the violation is found to be willful.

Hire a Fired While On Workers’ Comp Lawyer

The termination of employment and the workers’ compensation claim may involve two separate legal issues. A lawyer can identify which statutes and procedures apply to each situation. Additionally, an attorney can pinpoint and observe crucial deadlines, protecting a worker’s legal rights.

An attorney can compare the reason an employer provided for the termination and what the employment records and workers’ compensation claim timeline show.

A fired while on workers comp attorney in Charlotte, NC can confirm whether a change to disability benefits followed North Carolina workers’ compensation guidelines, respond to an employer’s attempt to stop payments, prepare evidence for a hearing before the North Carolina Industrial Commission, and decide whether the facts are likely to support a REDA complaint. Hire a fired while on workers comp lawyer today.

Should the retaliation issue progress past the administrative hearing, an attorney can identify the available remedies and carry out any necessary litigation procedures. These steps are practical tasks separate from negotiating a settlement to a workers’ compensation claim.

Charlotte Workers’ Compensation Proceedings and Local Courts

The majority of workers’ comp cases that involve individuals who are fired while receiving benefits are litigated before the North Carolina Industrial Commission and not in a typical county-level trial court. Thus, although an injured employee may pursue certain civil claims related to workplace conditions or activity, typically an employee would have filed a successful traditional workers’ compensation benefits claim via Mecklenburg County Courthouse before being fired.

The Mecklenburg County Courthouse can be found at 832 East Fourth Street, Charlotte, NC 28202. The courthouse is located in Uptown Charlotte near South McDowell Street and close to the local government offices and business district. It is possible for employment retaliation issues to move into civil court, especially after all necessary administrative steps for such claims have been taken.

Knowing where a claim is handled matters. Filing documents with the wrong entity can lead to additional issues. A knowledgeable and experienced Charlotte fired while on workers comp attorney is an ideal resource in navigating these types of cases appropriately.

What To Do After Being Fired During A Workers’ Compensation Claim

If an employee is fired while a claim is still open, they should secure and save any documents relating to both the workers’ compensation claim as well as the termination. Helpful documents can include any medical restrictions, workers’ comp forms, notices regarding benefits, and termination documents.

Employees should also maintain compliance with approved medical treatment recommended for the on-the-job injury.

FAQs

Can You Be Fired While on Workers’ Comp in NC?

Yes, you can be fired while on workers’ comp in NC. While an employer can fire you while on workers’ comp for a legitimate business reason, they can’t dismiss a worker for having initiated or continued a workers’ comp claim. That could be retaliatory and violate North Carolina’s Retaliatory Employment Discrimination Act. Terminating an employee also doesn’t necessarily stop workers’ compensation benefits.

What Are the Odds of Winning a Workers’ Comp Case?

The odds of winning a workers’ comp case depend on the specifics of the case. There’s no way to determine an exact percentage chance of winning a particular workers’ compensation case. But the issues in each case are different, and the outcome usually depends on the evidence. It’s worth noting that a majority of these types of cases usually settle without going to trial.

Does Physical Therapy Increase Workers’ Comp Settlement?

Physical therapy doesn’t necessarily increase a workers’ compensation settlement amount. However, your physical therapy records can illustrate your progress, any persistent restrictions, how you’re responding to therapy, and if you require further treatment down the line. That information could influence how your claim is valued. North Carolina law allows recovery for rehabilitative services if they are reasonably required.

Can I Choose My Own Doctor for Workers’ Comp in North Carolina?

You do not necessarily get to choose your own doctor for workers’ comp medical care in North Carolina. In North Carolina, employers have the right to direct medical treatment for work injuries. However, an employee dealing with an injury does have the right to request that their preferred medical provider be utilized. If it is reasonably necessary, a change of provider may be granted.

Contact The Sumwalt Group Workers’ Comp and Trial Lawyers

If you believe you have been fired due to filing a workers’ compensation claim, The Sumwalt Group Workers’ Comp and Trial Lawyers can help you investigate and file a claim. Contact us for a free consultation.