Can My North Carolina Employer Refuse to Let Me Return to Work After an Injury? 2024

Suffering a workplace injury can be embarrassing, painful, and even life-altering in some extreme cases. Accidents at work are fairly common and depending on where you work, you may be more susceptible to workplace injuries than others. If you have an accident at work, you may want to consider filing for workers’ comp. During your recovery, you may be wondering, “Can my North Carolina employer refuse to let me return to work after an injury?”

Can My Employer Refuse to Let Me Return to Work After an Injury?

In short, no. Your employer cannot legally refuse to allow you to return to work after suffering an injury in North Carolina. However, they are also not legally required to accommodate any restrictions you may now have. They also do not have to hold your job open for you. If they find a suitable replacement, they are within their rights to hire them.

North Carolina’s Workers’ Compensation Act provides injured employees with the pertinent information they will need when dealing with the aftermath of a workplace injury, including how to go about returning to work. Nearly every company in the state that employs at least three workers is legally obligated to carry workers’ compensation insurance in the event that one of their employees suffers a workplace injury.

What to Do After a Workplace Accident

Dealing with a workplace accident can be an overwhelming situation. Before you start worrying about how to return to your job, you should fully understand the most effective way to protect yourself and your workers’ comp claim. That way, you can secure workers’ comp benefits to pay for your medical expenses and some of your lost wages while you recover. Workers’ comp can also cover job retraining programs in case you cannot return to your previous job.

There are certain steps you may want to take in the immediate aftermath of a workplace accident, which can help you increase the chances of success with your claim. Here are some of those steps:

• Seek Medical Help Immediately: When you suffer a workplace accident, you may want to seek immediate medical attention, depending on the severity of the accident. If you are unable to call 911 yourself, have someone nearby call on your behalf. If your workplace has an onsite medical facility, have someone escort you there as soon as you can.
• Inform Your Supervisor: Once you have been checked out by a medical professional, you need to tell your immediate supervisor or employer about the accident. It is important to keep your employer updated about your accident, and they will need to take additional action to make sure you do not miss out on your workers’ comp benefits.
• Gather Evidence: To pursue workers’ comp benefits, you will first have to prove the details of your accident. You need to establish that your injury took place at work. This can be relatively easy to prove due to witness statements, security footage, and medical records from your doctor.
• File a Claim: To move forward with your benefits claim, your employer must provide you with the proper paperwork, particularly Form 18. You have to fill out that form and return it to your employer, who will then send it to the North Carolina Industrial Commission for review. A workers’ comp lawyer can help you fill out the paperwork correctly.

FAQs

Q: What Happens If My Employer Cannot Accommodate Work Restrictions in North Carolina?

A: If your North Carolina employer cannot accommodate work restrictions following your workplace injury, they are legally obligated to pay you temporary total disability (TTD) benefits throughout the period that you are on workers’ comp. This will cover a portion of your lost wages throughout your recovery while you are unable to perform your job duties. A workers’ comp lawyer can make sure you are not taken advantage of.

Q: Does My Employer Have to Hold My Job While I’m on Workers’ Comp in North Carolina?

A: No, your employer is not legally obligated to hold your job for you while you are on workers’ comp in North Carolina. In fact, it may be wise not to assume that your job is waiting for you once you are well enough to return to the workforce. However, if your employer wrongfully terminates you for filing a workers’ comp claim, then you can bring legal action against them to pursue legal remedies, which may include reinstatement.

Q: Can You Be Terminated While on Workers’ Comp in North Carolina?

A: Yes, you can be terminated while you are on workers’ comp in North Carolina, but you cannot be terminated for filing a workers’ comp claim. North Carolina is an at-will employment state, which means that your employer does not need a reason to fire you. They can do so whenever they want. If they fire you out of retaliation or because of your protected class, you may have a wrongful termination case.

Q: How Long Does an Employee Have to Report an Injury in North Carolina?

A: In North Carolina, an injured employee has 30 days to report the accident to their employer to be considered eligible for workers’ comp benefits. It is recommended that you report the details of your accident to your employer as soon as possible, as they will be required to fill out certain paperwork for your claim to be processed.

Contact a Workers’ Comp Lawyer

When you suffer a workplace accident and are out of work for some time, the only thing you may be worried about is whether your job will still be waiting for you when you are ready to return to work. Regrettably, due to North Carolina’s at-will employment, it may not be. It may be wise to prepare for the worst-case scenario.

Butler, Quinn & Hochman, PLLC, understands how difficult it can be to lose your job, and we can review your case to see if your termination was somehow wrongful. Reach out to schedule a consultation with one of our team members as soon as possible.