Is My Employer Allowed to Terminate Me Following a Workers’ Comp Claim?
Filing a workman’s comp claim takes courage, and I understand. Often, clients express concern that their employers might try to fire them. This is a natural worry for some employees. The good news is that typically, employers will not terminate an injured worker after he or she has been hurt on the job.
It is important to know, however, that based on North Carolina employment laws, filing a claim does not ultimately protect you from being fired—so it is true that there is a possibility you could lose your job. If an employer does terminate you, based on the filing of a workers’ compensation claim, there is a good chance that you have a viable retaliation claim against the employer. Make sure you have someone looking out for you and your rights—someone who thoroughly understands North Carolina workers’ compensation laws and how to make wrongs right if you’ve been injured on the job. Don’t feel intimidated into not filing the workman’s comp claim that you rightly deserve. With a team like Oxner + Permar, you’ll have years of experience and successful litigation on your side.
Throughout your employment, be sure to never give your employer a reason to let you go. Show up on time. Perform your job well. Address your supervisor in a professional manner. If you find that your employer does terminate you after you’ve filed a claim, remember: You don’t need to fight alone.
Take every precaution to prevent you employer from terminating you following your workers’ compensation claim—including hiring an attorney for support.
If you’ve lost your job after a work injury, it might feel like you’re completely out of options—especially if your employer has told you that you’re no longer eligible for workman’s compensation. Often, an employer will tell an employee that they are no longer entitled to workers compensation, hoping that the employee will forget about the claim. This simply is not true: you are entitled to workers’ compensation even if you have been terminated from your job. So don’t give up!
Another thing to watch out for is that some insurance companies will try to tell you your claim will close once treatment has ended. Also not true. The only way a claim can close or settle is by your voluntary agreement via a compromise with the insurance company.
At Oxner + Permar, we understand that these problems can be difficult to navigate without professional help. If you’re unsure of anything regarding your case, be sure to contact an attorney. With more than $275 million in workers’ compensation awards and settlements, we’ve got the experience to help our clients navigate their way through misinformation and make sure that their rights are being protected.
If you’ve sustained a work injury, be careful as not everyone has your best interests at heart. Make sure you’ve got people who are fighting for you and protecting your rights.
A Positive Attitude and Good Relationships Can Go a Long Way
Dealing with a long line of medical professionals and insurers after sustaining a work injury comes with a huge amount of stress—especially when you’ve sustained traumatic brain injury or a closed head injury. There’s nothing worse than having to take time out of your day to deal with doctor’s visits, particularly when it feels like you’re not making any progress, or that the doctor is not doing enough.
However, it’s essential that you maintain a good relationship with your doctors and remain on top of your care.
Some people think that an MRI or CT alone can prove that they were injured and the extent of that injury. In actuality, with traumatic brain injury cases or closed head injuries, often times even using examinations like MRIs and CT scans offers little to no objective evidence to show the injury. Therefore, when describing your injury, your credibility is very important. How do you ensure you have credibility? Be consistent about your medical complaints and concerns in medical records. These, of course, come from consistent medical visits in which any doctor at any time can see the consistency of your complaints over time.
The process of these multiple doctor’s appointments can be long and arduous; however, it’s important to keep a positive and friendly attitude. It is common for the doctor’s testimony to be taken in regards to your case, and they may not be willing to support your claim if you’ve been combative or taken your frustrations out on them. Maintaining a positive relationship with your doctor is the best way to get their support when it comes to supporting your claim.
Even though the road to recovery can be long and arduous, be sure to maintain a good relationship with those who are going to be your allies on your workers’ compensation claim.