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Can my employer fire me for filing a workers’ comp claim?

If you currently have a workplace injury or are simply looking for information, you might have some concerns about worker’ compensation benefits in the Southern Shores area. You might be wondering if your employer can fire you for filing a claim. Your employer can let you go for any reason when you work in an at-will state. However, when it to comes to workers’ compensation, it is unlawful for any employer to terminate workers for filing for workers' compensation benefits

Not knowing your rights as they pertain to workers’ compensation benefits increases the likelihood of you experiencing unfair and illegal treatment from your employer. Though your employer probably works hard to protect its workers’ rights, things can happen and mistakes are possible. Here are some things for you to consider about employment termination and workers’ compensation.

You must comply with the process

Not all workplace accidents cause serious and incapacitating injuries. There is the possibility of you ending up with a moderate injury that keeps you from performing your normal work duties. In order for you to receive workers’ compensation benefits, you must comply with your physician’s orders. If your doctor determines you are fit for work with modified job duties, you must return to work.

Employer must provide reasonable accommodations

Workers’ compensation does not require your employer to treat you any differently than before your accident, except for providing you with work duties that you can reasonably perform without compromising your injuries. If you cannot perform them because of issues with your injuries, you must notify your boss and workers' compensation doctor. Your employer can either choose to modify your duties further or allow you to remain off work until your physician states you are fit to return. 

You must try to do the work in the best manner possible. You cannot use your injuries as an excuse not to perform your job. If you do not perform the work your employer requires and that your doctor says you are capable of performing because you do not want to or you are being noncompliant, your boss has the right to terminate your employment due to your actions being in violation of workplace policy and your employment contract.

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