Legal Question in Workers Comp in North Carolina

This is really more of an employment law question, and while we do not practice in this area, I would guess the answer to your question is "maybe".

NC is a "right to work" state, meaning terminated employees usually have little recourse in wrongful termination cases unless certain exceptions apply. One of those exceptions is if the employer fired an employee BECAUSE they exercised their rights under workers' compenation law (REDA violation/call NC DOL). This is different, however, than being fired for some other reason while also pursuing a workers' compensation claim. The later is usually not illegal unless the "other reason" is also unlawful (ADA violation, etc./call EEOC).

Also keep in mind workers' compensation needs to keep paying (even after she was fired) if she was terminated b/c her work injury prevented her from working.

Call an employment lawyer for more advice on the termination issue, and/or a workers' compensation specialist if you feel wc benefits should be paid in this situation.

Best regards,

S. Neal Camak

Lennon & Camak, PLLC

Raleigh, NC

ncworkcomp.com