There are many questions that Mr. Hedrick is commonly asked about workers comp claims and how the status of your employment affects your ability to collect a workers comp claim. Mr. Hedrick has responded to some of the most common questions asked by victims of a workplace injury and whether or not they can be fired or how termination can affect the benefits of a workers compensation claim.
When it comes to getting fired and collecting workers’ comp claims, there are several things you should know. Employers cannot fire an employee in retaliation for filing a workers’ compensation claim. This would be a violation of employment law. However, if the employee’s injuries prevent them from adequately performing the task that they were hired to complete, this may be a reasonable cause for termination. and as described in their job description
Can Workers Comp Benefits Be Denied If You Were Fired?
Workers’ compensation benefits are based on disability rather than employment status. If an employee resigns, retires, or is fired, that employee may still receive full benefits. There have been cases that John Hedrick has experienced a retired employee receiving workers comp benefits.
Can Filing A Workers Comp Claim Get You Fired?
The act of filing a workers comp claim against your employer cannot get you fired by law. If an employer is to fire an employee after a workers comp claim is filed, it must be due to the fact that the employee is physically unable to complete the tasks required to perform the job. If an employee’s job is to lift heavy objects all day and they are subjected to a back injury that does not permit them to lift anything over 10 pounds, this can be considered reasonable cause to be terminated. Because the employee is no longer able to perform the duty that they were hired to complete, the employer has no legal requirement to keep them on staff.
How Can Firing Be Unjustified In Workers Comp Cases?
In the case that an employer fires an employee solely for the purpose of retaliation against that employee, it would be considered an unjust termination. Unfortunately, although it is illegal, it is not uncommon for an employer to fire an employee out of retaliation for a workers’ comp claim against them. Because the employer can fabricate another reason to fire an employee, it is possible that an employee could be fired unjustly. North Carolina is an employment-at-will state. This means that an employer can fire their employee for another reason that is deemed lawful, although the underlying motive is retaliation.
Can Employers Fire You For Your Injuries?
As mentioned previously, an employer can fire an employee for their injuries. For it to be considered a just termination, the reason for firing that employee must be due to the fact that he or she can no longer work due to the disability acquired on the job.
Contact John Hedrick For Help
If you feel that you have been wrongfully terminated or are not receiving the benefits that you should be for a workers compensation claim against your employer, contact the Law Office of John Hedrick for help. John has been practicing in the workers’ compensation field since 1994 and has dealt with many cases just like yours. If you have not yet contacted an established workers’ compensation attorney, John Hedrick is only one call away.