Charlotte Personal Injury Attorney Matt Arnold answers the question: “Can my employer fire me because I filed a workers’ compensation claim?”
Are you thinking about returning to work after taking time off to recover from a workers’ compensation claim? Are you unsure how to get started? Lucky for you, the team at Arnold & Smith, PLLC can help. We are well versed in the workers’ compensation world and have an abundance of experience helping workers transition back to the workforce with minimal hassle.
There are many reasons why workers may have filed a workers’ compensation claim and left the workforce to recover from an injury. Whether you have been injured in a slip-and-fall or a medical malpractice incident or an auto accident, you have options and rights when it comes to returning to the workforce after your recovery. Unfortunately, finding a new job with similar pay and benefits to the job you left behind may be easier said than done, especially if your accident left you with a disability. Fortunately, our team has a proven track record of helping workers like you transition back to the workforce.
Training, Certification, and Education
When returning to the workforce, you may be surprised to learn that you may have to undergo training, learn new skills, or even obtain a college degree to find a comparable job to the one you left behind. This is even more true for workers who had high-paying jobs before their accident that did not require much in the way of education or certifications. Workers like these likely spent decades climbing the company ladder. Unfortunately, nowadays many high paying jobs require degrees or special certifications. Fortunately, many employers offer certification and training programs to their employees, and similar programs are even available at universities and technical colleges.
Employers in North Carolina are obligated to offer suitable jobs for sick or injured employees to return to. If employers fail to do so, the company’s insurer may continue to cover the employee’s disability benefits or offer vocational rehabilitation opportunities. Vocational rehabilitation programs help workers to create resumes, fill out applications, schedule job interviews, and find available jobs. In addition, insurers may also pay any associated costs, such as costs related to traveling to and from job interviews if the worker does not have their own transportation.
Return on a Trial Basis
Nowadays, many employees have the option to return to work on a trial basis if they just recovered from a workers’ compensation injury. There are many reasons why this makes sense. For starters, a trial basis allows workers to test drive a new position to ensure they can comfortably complete the tasks assigned to them. It allows workers to see first-hand just how much physical activity may be required, including stooping, lifting, bending, climbing, and reaching. However, it is important to secure a trial run the right way. Doing so the wrong way could make or break whether or not you continue to receive disability checks. Fortunately, the team at Arnold & Smith, PLLC, can help make sure you and your employer reach a legal agreement that will allow you to return to work on a trial basis until you are comfortable.
If you experienced an accident that resulted in a workers’ compensation claim and are thinking about returning to work, contact the team at Arnold & Smith, PLLC, in North Carolina. Our team of dedicated attorneys is standing by to help you transition back into the workforce without all the hassle. Call (704) 370-2828 to receive a video, phone or in-person consultation with our lawyers to explore your legal options or fill out our contact form. Now taking cases throughout North Carolina with offices in Uptown Charlotte, Mooresville and Monroe.
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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