Filing a workers' compensation claim in North Carolina can be a daunting process, and you might be concerned about how it will affect your job. However, generally, employers are prohibited from taking any adverse action against you for filing a workers’ compensation claim. Still, it's important to understand your rights and the potential implications of your claim to navigate this process effectively.
At the Olsinski Law Firm, PLLC, our Charlotte workers’ compensation attorneys have more than 25 years of experience investigating, preparing, filing, and settling claims on behalf of injured workers. Over this time, we’ve come to develop a deep understanding of the state’s workers’ compensation laws and are here to support you through your recovery—both inside and outside the courtroom.
Can Filing a Workers’ Compensation Claim in North Carolina Affect My Job?When you file a workers' compensation claim in North Carolina, you are seeking benefits due to a work-related injury or illness. For many injured workers, filing a claim is crucial because it can connect them with medical treatment and compensation for their lost wages.
If you are concerned that you could face negative repercussions after filing a workers’ compensation claim, such as job loss or retaliation from your employer, you are not alone. In fact, this is a common concern among our clients. However, North Carolina law prohibits employers from retaliating against employees for filing a workers' compensation claim. This means your employer cannot legally fire you, demote you, reduce your hours, or take other negative actions against you solely because you filed a claim.
Additionally, your job status might be protected while you are unable to work due to your injury. Under the North Carolina Workers’ Compensation Act, employers are encouraged to provide light-duty work that accommodates your medical restrictions if you are unable to return to your regular duties. This helps you stay employed and receive a paycheck while you recover. If you are assigned to light-duty work, however, your benefits may be reduced because you will still be earning some income.
Of course, it is possible that your relationship with your employer and coworkers could change after filing a claim. However, in our experience, this is rare. But, to protect yourself, it is important to document any instances in which your employer treated you differently after filing a claim, as it could be relevant to your claim.
Are Workers’ Compensation Benefits Equal to My Current Salary?Financially, workers' compensation benefits will not fully match your regular salary but are designed to provide reasonable support during your recovery period. In North Carolina, you are entitled to approximately two-thirds of your average weekly wage, up to a maximum limit set by the state. These benefits help alleviate the financial strain of being out of work due to a work-related injury.
It is also essential to follow the procedural requirements carefully, including timely reporting of the injury to your employer and adhering to medical advice. Failure to comply with these requirements can jeopardize your claim and, consequently, the financial support that may be available to you during your recovery.
Speak With an Experienced Charlotte Workers’ Compensation Attorney to Address Your ConcernsFiling a workers' compensation claim in North Carolina should not negatively impact your job due to the state’s legal protections against retaliation. However, the experience can change workplace dynamics and your financial situation temporarily. Being aware of your rights and responsibilities will help you manage the process and maintain your employment relationship as much as possible. At the Olsinski Law Firm, PLLC, our Charlotte workers’ compensation lawyers are immediately available to meet with you to discuss your case and ensure you are aware of your rights. That way, you can make the best decision on how to handle your case. We will provide whatever support we can throughout the process and are always available to answer your questions and address your concerns. To learn more, and to schedule a free consultation today, contact a Charlotte workers’ comp attorney with the Olsinski Law Firm, PLLC, by calling 705-405-2580 to schedule a free consultation. You can also connect with one of our attorneys by completing our secure online contact form.