Charlotte Personal Injury Attorney Matt Arnold answers the question: “Can my employer fire me because I filed a workers’ compensation claim?”
Workplace accidents happen all the time. Mistakes happen, equipment fails, and other unplanned events occur on a daily basis. A workplace accident should not be the end of your career or a financially devastating situation. In North Carolina, employees who are injured while on the job might be entitled to workers’ compensation to help them through the tough times that might follow an accident. While compensation should be available, this is not always the case. There are certain things an employee must do following an accident and similarly, there are mistakes that every employee should try to avoid after an injury. Errors after an accident can be devastating to a workers’ compensation claim and result in a loss of compensation for the injured employee.
Failing to Report the Injury
In order to be eligible for workers’ compensation benefits, the employer must be aware that an injury has occurred. Employees are required to make a written report of their injury within 30 days of the injury to the employer or the employee’s supervisor. Any delay in reporting the accident can call into question the credibility of the claim. If you are injured, you want to avoid any parties questioning the integrity of your claim.
A common misconception is that if there is not a “serious” injury that happens, there is no need to report it. It is important to report even the smallest of injuries in case complications arise as a result of the injury.
Reporting Only Some of the Injury
At the time an employee reports an injury, it is imperative to include all injuries suffered. An employee with a broken arm and a sore back should report both injuries, not just one. Much like failing to report an injury in it entirety, trying to add an injury to a report later on could be suspicious to the employer. Employers are always on the lookout for workers’ compensation fraud.
Refusing to Work
Workers’ compensation law requires an employee to return to work when he or she is able to. Refusal to do such could eliminate workers’ compensation benefits. The purpose of receiving workers’ compensation is to make up for the lost wages while recovering from injury. Therefore, when an employee is healthy, he or she should go back to work. An employee who does not think he or she can perform the duties required should still try.
Failing to Consult with an Attorney
After a workplace injury, it is important to consult with a workers’ compensation attorney. An attorney can provide you with an explanation of the workers’ compensation law and provide you with guidance and instruction as to what needs to be done so that you receive workers’ compensation benefits. The workers’ compensation attorneys at Arnold & Smith, PLLC are experienced and knowledgeable in workers’ compensation law and want to help you receive the benefits to which you are entitled. Now taking cases throughout the Charlotte region with offices in Uptown Charlotte, Mooresville and the new location under renovation in Monroe. Contact us, for a free consultation, call us at 704-370-2828 or click here for additional resources.
The skilled personal injury attorneys at Arnold & Smith, PLLC are dedicated to maximizing the financial recovery and obtaining justice for every personal injury client injured by another party’s negligence. The issues our personal injury clients may be facing include, but are not limited to, slip and fall injuries, wrongful death, product liability, catastrophic injuries, dog bite claims, car and truck accident injuries, motorcycle injuries, traumatic brain injury (TBI), nursing home negligence, spinal cord injury, boating accidents, and defective medical device injury. Our personal injury attorneys understand the devastating impact such an injury can have on a person’s life, and that the effects so often go beyond physical pain and suffering. The personal injury attorneys at Arnold & Smith, PLLC are dedicated to helping clients determine the strength of their claims, and to aggressively pursuing the means necessary to achieve the best possible end result for each client’s particular situation.
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