Can I be wrongfully terminated for filing a workers’ compensation claim?

In North Carolina, it is illegal for an employer to wrongfully terminate an employee for filing a workers’ compensation claim. Under the North Carolina Workers’ Compensation Act, employers are prohibited from discharging or taking other adverse action against an employee for filing a workers’ compensation claim, or in retaliation for an employee seeking to exercise their rights under the Act. If an employee believes they have been wrongfully terminated for filing a workers’ compensation claim, they may file a complaint with the North Carolina Industrial Commission. The Commission will then investigate the complaint and decide if the employee was wrongfully terminated. If the Commission determines that the employee was wrongfully terminated, the employer may be ordered to reinstate the employee, as well as pay any lost wages and benefits. If an employee is successful in their case, they may also be awarded other damages such as attorney’s fees, court costs, and punitive damages. Punitive damages are designed to punish the employer for their illegal act, as well as to deter other employers from engaging in similar unlawful activity. Therefore, if an employee in North Carolina believes they have been wrongfully terminated for filing a workers’ compensation claim, they may take legal action by filing a complaint with the North Carolina Industrial Commission. If successful in their case, the employee may be able to obtain both reinstatement and other forms of compensation for their wrongfully terminated claims.

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