When you get injured on the job, your whole life may forever be altered. There may be things you can no longer do and medical bills that feel impossible to pay. If you are worried about being fired on top of all of that, the situation becomes far more overwhelming. You may not know if you can be fired while on workers’ compensation in North Carolina, which leaves you in the lurch of uncertainty.
The Gate City is home to a diverse workforce, with an average hourly wage of $26.21 across several industries, such as transportation and manufacturing. Suffering a workplace injury leaves many workers otherwise struggling to pay their bills.
A Charlotte workers’ compensation attorney may be able to help you better understand the legal intricacies of filing a workers’ compensation claim and pursuing an outcome that brings you peace of mind. You deserve to know what you are up against and what tools are available to you as you move ahead.
What Should You Do When You Are Injured on the Job?
Accidents happen, and if your employer abides by the law, there should be a plan in place to ensure that you have the opportunity to receive workers’ compensation. In the event of being injured while working, the first thing you should do is decide whether or not you need to call 911. If it is an emergency, call 911 and worry about the next steps later.
Once all parties involved are no longer in immediate danger, you should reach out to a local workers’ compensation attorney. They will be able to help you every step of the way right from the start. Delaying the hiring of a lawyer can lead to unnecessary mistakes being made, which can make it harder for your lawyer to build your case.
You will need to file a claim regarding your workplace incident. This includes informing your employer of the injury within the window of a month. You can do this orally or by giving them a written statement. You will need to see a doctor and inform them of what occurred.
Once you have seen a doctor and told your employer about the event, you will need to fill out Industrial Commission Form 18 completely and then submit it. It is a good idea to make copies of everything throughout the process, as the information may be an invaluable part of building your case. Have copies of our initial statement, your medical diagnoses, your doctor’s recommendations, and your filled-out Form 18.
The final step is the least involved, but it can often be the hardest: you need to wait for a decision to be reached. It is a good idea to take this time to rest and let your lawyer handle the various aspects of your case that remain.
Can You Be Fired While on Workers’ Compensation Leave in North Carolina?
Unfortunately, it is completely legal for your employer to terminate your employment while you are on workers’ compensation leave. Many employers will respond with good faith that you will return in whatever capacity you are able to once you have healed, but some employers do not. There are, however, nuances to this subject.
Your employer cannot fire you because you filed a workers’ compensation claim. They may choose to terminate your employment during your leave, which is legal, but only as long as it is not because of your leave that they fire you. In fact, any company that is planning to or anticipating significant layoffs is required to file WARN notices with the state. Summaries of these notices can be found on the North Carolina Department of Commerce’s website.
You have a right to pursue workers’ compensation in the state of North Carolina, and your employer’s feelings about that are not enough of a reason to end your employment. It is similar to filing a sexual harassment claim: your employer cannot fire you for bringing attention to an unwanted event that occurred while you were working and at your place of employment.
If you have been let go while on workers’ compensation leave without being presented with a valid reason, you should contact a local wrongful termination attorney. They will help you determine whether or not you have a case, and then they will advise you on your next move. Be sure to keep documentation of your termination just as you did with your workers’ compensation claim.
FAQs
Q: How Much Does a Workers’ Compensation Lawyer Cost in North Carolina?
A: The price of a workers’ compensation lawyer varies in the state of North Carolina. Some of the various aspects that go into the final cost are the complexity of your case, how long it takes to conclude, and the lawyer you hire. At M. Reid Acree Jr., Attorney at Law, we believe in making the time and money you spend worth every minute and every penny, building a case on your behalf that helps you reach your desired outcome.
Q: What Counts as Wrongful Termination While on Workers’ Compensation Leave?
A: Unfortunately, in the state of North Carolina, your employer is legally allowed to terminate your employment while you are on workers’ compensation leave. They are not, however, legally allowed to let you go because you filed for workers’ compensation. This is an example of wrongful termination, which you will want to document and then reach out to a wrongful termination lawyer to start building a case.
Q: Can I File a Workers’ Compensation Claim By Myself in North Carolina?
A: In the state of North Carolina, you are legally allowed to file a workers’ compensation claim by yourself, but there are many benefits that come with hiring a local workers’ compensation lawyer. The legal process can be difficult to navigate on your own, and mistakes can be made quite easily. Having a workers’ compensation lawyer to guide you through the process can help reduce some of the confusion and may increase the likelihood of your desired outcome.
Q: Who is Required to Have Workers’ Compensation?
A: According to the North Carolina Workers’ Compensation Act, every employer with three or more employees must offer a form of workers’ compensation to their employees. This can be accomplished with your company hiring an insurance company or by having a system to offer it to you through your employer alone.
Get Your Questions Answered
Workplace injuries can change your life, and without a fair workers’ compensation outcome, you may be left with medical and financial struggles that you are not equipped to handle. Hiring an M. Reid Acree Jr., Attorney at Law, workers’ compensation lawyer can lead to better results and more peace of mind. Contact us today for a consultation.