North Carolina Worker's Compensation - Help For Injured North Carolina Workers

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  1. #1
    Join Date
    Apr 2012
    Posts
    1

    Question Can an Employee Be Fired While on Workers Comp

    If an employee has repeated drivers reports for reckless driving and wrecks a company vehicle, can they legally be fired while still on workers comp?

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,045

    Default Re: Can an Employee Be Fired While on Workers Comp

    Filing a claim for WC benefits does not provide job protection... ever.
    While it may be illegal to terminate you for suffering the injury, or claiming WC benefits...the burden of proof is on you.
    If an employee has repeated drivers reports for reckless driving and wrecks a company vehicle,
    I'm suprised you were kept long enough to be involved in a wreck ....sounds like there is plenty of cause for termination.

  3. #3
    Join Date
    Feb 2007
    Location
    Charlotte, NC
    Posts
    2,855

    Default Re: Can an Employee Be Fired While on Workers Comp

    Yes. And you will most likely have your work comp benefits cut off and will have to hire a lawyer to fight to get them restarted.

    You need to start doing a diligent and reasonable job search right now, and keep a diary of all your job search activities. A job search must be well-documented in order to be accepted as persuasive evidence.

    The caselaw you need to be concerned about is Seagraves.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney at Law

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