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The short answer is, no, your employer cannot fire you merely because of your workers' compensation claim.But your employer must be able to show there were reasons for firing you or laying you off that didn't have to do with your filing a workers' compensation claim.
All injuries, no matter how minor, must be reported within 24 hours of the injury.It must be reported to our workers' compensation department in case the injury becomes worse and needs medical attention in the future. That way, the reporting of the injury will not be considered late by the state.
There's nothing in the workers compensation law that protects your employment status. If you come back to work, you are not guaranteed a specific job or rate of pay. You will be entitled to differential wage loss benefits if your work injury prevents you from earning full, pre-injury wages.
How Long Does an Employer Have to Report an Accident? As with an employee notifying the employer of an accident, the employer should act as soon as possible in notifying the state's workers comp board.The minimum charge is typically $100, but missed or late reporting can result in a $2,500 fine in California.
Is Your Employer Required to Provide Workers' Compensation? Under the California workers' compensation law, it is the responsibility of all employers and work situations, even with just one employee, to carry workers' compensation and secure each employee's workers' compensation benefits.
If you are a small employer, i.e. your average performance premium is less than or equal to $30,000, your premium will not be impacted by the costs of your workers compensation claims.
Employees in North Carolina cannot be fired while on workers' compensation without a legitimate, non-discriminatory reason for the termination.If you are afraid of getting fired for filing a claim, contact the Ramsay Law Firm at (704) 376-1616.
In regards to getting fired for getting injured, every employee is granted legal protection from undue backlash and workplace penalties. As an extension of the whistleblower act, you cannot be terminated solely for being injured on-the-job.
Most states allow an employer to dispute or contest a workers' compensation claim, but each state has its own procedures for doing so. Contact your carrier or state to get the detailed information and step-by-step process to dispute a workers' comp claim.