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Can I Be Fired For Seeking Workers’ Compensation in Winston-Salem?

According to the U.S. Bureau of Labor and Statistics, “More than 11 million people work in natural resources, construction, and maintenance occupations.” While these jobs tend to be more hazardous than others, work-related injuries happen daily in workplaces throughout the United States. In some cases, people who are injured while on the job don’t report their accident due to fear of being fired for filing an injury claim.

Most positions are considered at-will, meaning an employer can terminate an employee for any reason and without warning, as long as it’s not illegal, such as firing an employee due to their race or beliefs. Another exception to the at-will employment policy is that an employee cannot be fired for filing a workers’ compensation claim. If you or someone you know has suffered an injury while on the job or were fired due to filing for workers’ compensation Winston-Salem, a workplace accident lawyer can fight for the compensation you deserve.

Retaliatory Discharge

In some cases, people can file a retaliatory discharge claim. Retaliatory discharge is considered a wrongful form of termination. If an employee has been terminated after filing a workers’ compensation claim, they could claim retaliatory discharge if:

  • The employee of the company was eligible for workers’ compensation
  • The employee filed a claim or they decided to initiate a compensation claim
  • The employer chose to terminate or threatened to terminate the employee
  • The employee termination was based on their decision to initiate a workers’ compensation claim

If you or a loved one were wrongfully terminated due to a work-related injury, it’s essential to hire a Winston-Salem workers’ compensation attorney to help fight for your legal employee rights regarding workers’ compensation.  

Work-Related Restrictions

It’s essential to talk with a doctor to see if you have any work restrictions from your injury. If so, your employer may possibly required by law to make an effort to accommodate those work restrictions.

Unable to Work

In some work-related cases, if the employer is unable to accommodate an employee’s work restrictions and the victim has reached the maximum medical improvement (MMI), the employer can then terminate the employee. If so, you should consult an attorney to determine what benefits you are due.

Contact an Attorney Today

Work-related injuries are overwhelming, and it can be challenging to handle if termination has occurred due to filing a workers’ compensation claim. Our Winston-Salem on the job injury lawyers can assist those who have fallen victim to a work-related injury. Our attorneys understand labor laws, how insurance companies work, and the rules surrounding compensation claims. Our firm strongly believes that every victim of a work-related injury should receive compensation.

If you or someone you love has suffered a work-related injury, filing a compensation claim is in your best interest. Our team at Lewis & Keller is ready to fight for you. We offer 100% free case evaluations and only get paid if we win. To find out how our attorneys can help you, contact us at (336) 851-1000 or fill out our case evaluation form.