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Last Modified on Apr 11, 2026
After a workplace injury, many clients ask us, ‘Can you be fired while on workers’ compensation in North Carolina?’ Qualifying for workers’ comp does not automatically mean your job is safe. While it may be reassuring to know that workers’ comp can supply medical coverage and wage support during your recovery, this does not always mean you are guaranteed job protection in North Carolina.
Understanding North Carolina workers’ compensation laws regarding termination during a pending claim is important for both employers and employees. It is important to note that while there are valid grounds for termination while an employee is collecting workers’ compensation, filing a workers’ comp claim is not considered legal grounds for termination. Thus, you cannot be fired for filing a claim.
Can You Be Fired While on Workers’ Compensation in North Carolina?
North Carolina is an at-will employment state. This means that your employer can terminate you for nearly any reason, or for no reason at all. This is true even if you are receiving workers’ compensation benefits. Workers’ compensation is designed to pay medical and wage benefits under N.C. Gen. Stat. § 97-2, not to provide job security.
The question becomes whether the termination is for a lawful reason unrelated to the claim or whether the termination is related to the injury or receipt of benefits under North Carolina law.
When Termination May Be Considered Unlawful
Termination might also be illegal if it is in retaliation for filing or pursuing a workers’ compensation claim. North Carolina’s Retaliatory Employment Discrimination Act, N.C. Gen. Stat. § 95-241, protects employees from retaliation by an employer for taking part in certain “protected activities,” such as filing or pursuing a claim for workers’ compensation benefits.
An employer cannot lawfully fire a worker because the worker reported an injury or filed a workers’ compensation claim. Determining whether a termination was retaliatory can involve an analysis of the timing of the termination, statements made by the employer, and the treatment of the employee following the injury.
Valid Reasons an Employer May Still Terminate Employment
Employers can fire an employee who is on workers’ compensation for a reason unrelated to the injury or claim. Layoffs and restructuring, performance issues for which the employee has received documented warnings, and workplace policy violations are common reasons for termination that are unrelated to an employee’s injury.
The business must have a legitimate reason for termination. If an employer has an open position, they are not obligated to keep it available until the employee returns from injury. To support a lawful termination, the reasoning should be consistent with how other employees are treated and properly documented.
What to Do if You Believe You Were Fired Unfairly
Retaliation claims are frequently analyzed under the scope of N.C. Gen. Stat. § 95-241, which addresses protected activity such as filing for workers’ compensation benefits. If you think that you were wrongfully terminated from your job while you were on workers’ compensation, there are steps you can take to preserve important information. You should gather and preserve evidence such as:
- Any notes you might have from conversations with your employer concerning your injury and claim
- A record of your injury and claim timeline
- Any alterations in your treatment post-injury report
- A review of the termination reason against company policies
Hire a Workers’ Compensation Lawyer Who Knows the Laws
At The Sumwalt Group Workers’ Comp and Trial Lawyers, we concentrate our workers’ compensation practice on representing injured workers throughout North Carolina. We regularly address questions that arise throughout a claim.
We understand how employment decisions may play a role in the context of a workplace injury, including how employers, insurers, and legal precedents influence claims, benefits, and employment concerns.
FAQs
How Often Do Workplace Injuries Result in Missed Work?
Workplace injuries frequently result in time away from work, particularly in physically demanding jobs. According to the U.S. Bureau of Labor Statistics, there were 35,700 such cases in North Carolina that involved days away from work, job transfer, or restriction in 2024. These are viewed as more serious cases, since the injuries directly impact factors like income, recovery time, and the calculation of benefits under workers’ compensation.
Can You Qualify for Unemployment After Being Fired While Injured?
You may be eligible for unemployment benefits following a firing while injured, but eligibility depends on your ability to work. One of the basic requirements for unemployment is that you are ready and able to take work if offered. If you are unable to work because of your injury, you may be entitled to workers’ compensation benefits. It depends on the facts of the case, such as the medical restrictions and the reason for the termination.
Where Are Workers’ Compensation Claims Handled in North Carolina?
Workers’ compensation claims are filed with, heard, and disputed through the North Carolina Industrial Commission. The Commission has several regional offices throughout the state that handle cases, including workers from Charlotte. An understanding of how the Industrial Commission works can help you determine what to expect from your workers’ compensation case if it is disputed or requires a formal hearing.
How Common Are Workplace Injuries Across the United States?
Workplace injuries can happen in all industries. The U.S. Bureau of Labor Statistics found 2.5 million nonfatal workplace injuries and illnesses in 2024. This number gives an idea of how common it is for employees to be injured on the job and seek help from workers’ compensation programs for medical care and lost wages.
Contact a North Carolina Workers Compensation Lawyer
When you suffer a workplace injury, you may face uncertainty about your recovery and your job security. Understanding North Carolina’s treatment of employment termination while you have an active workers’ compensation claim can give you a better sense of your standing.
At The Sumwalt Group Workers’ Comp and Trial Lawyers, we have found these cases often involve both legal and practical elements that go beyond the initial injury. Being mindful of timelines, documentation, and communication can strengthen your position. Schedule a consultation to hire a workers’ compensation lawyer.
