Can You Be Fired For Filing a Workers' Compensation Claim?

Often, injured workers’ wonder what will happen to their jobs if they choose to pursue their protected rights under the Workers’ Compensation Act. This is particularly true given the recent economic troubles that the nation has faced in the last several years. Jobs are hard to come by and the last thing that an injured worker wants to do is lose their job because of a workers’ compensation claim.


In 1992, The North Carolina General Assembly enacted the Retaliatory Employment Discrimination Act (REDA). This act protects employees or anyone acting on behalf of an employee against any retaliatory acts related to rights protected under the Workers’ Compensation Act, the Occupational Safety and Health Act, the Mine Safety and Health Act of North Carolina, and the Wage and Hour Act of North Carolina . REDA defines a retaliatory action as “discharge, suspension, demotion, retaliatory relocation, of an employee, or other adverse employment action taken against and employee in the terms, conditions, privileges, and benefits of employment.” The protected rights include filing a complaint or claim, initiating an inquiry, investigation, inspection or any other proceeding, testifying or providing information to any person with respect to any of the acts listed above .

So what does this mean for the injured worker? This means that should you file a workers’ compensation claim, your employer cannot fire you, demote you, suspend you, or move you to another position or job location, merely because you have instituted a workers’ compensation claim. If the employer does take such action against you, the employer has to prove with the greater weight of the evidence that it would have taken the same action in the absence of your workers’ compensation claim .

If you have any questions about whether you have been a victim of employment discrimination, you should contact the North Carolina Department of Labor Employment Discrimination Bureau. Should you have questions about your workers’ compensation claim, you need to contact an attorney who can explain your legal rights as an injured worker and discuss your claim.