Retaliation for Filing Workers' Comp in North Carolina
Whether an employer in North Carolina can fire or punish you for filing a workers' comp claim, and what you can do.
Short answer: North Carolina's Retaliatory Employment Discrimination Act (REDA) prohibits discrimination or retaliatory action against an employee who in good faith files or threatens to file a workers' compensation claim, or testifies or provides information in a workers' compensation matter. N.C. Gen. Stat. §§ 95-241, 95-242
| Retaliation for filing | North Carolina's Retaliatory Employment Discrimination Act (REDA) prohibits discrimination or retaliatory action against an employee who in good faith files or threatens to file a workers' compensation claim, or testifies or provides information in a workers' compensation matter. It is not a violation if the employer proves it would have taken the same action anyway. An employee must file a written complaint with the N.C. Commissioner of Labor (Department of Labor) within 180 days of the alleged violation. |
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| Appealing a denial | A party may apply for review of a Deputy Commissioner's award by the Full Commission within 15 days from notice of the award. A Full Commission award may be appealed to the North Carolina Court of Appeals on errors of law within 30 days from the date of the award or of receipt of notice of it; the Commission's findings of fact are otherwise conclusive. Source: N.C. Gen. Stat. §§ 97-85, 97-86 |
Where to get help in North Carolina
More North Carolina workers' compensation
- Filing a Workers' Comp Claim in North Carolina
- How Much Workers' Comp Pays in North Carolina
- Workers' Comp Settlements in North Carolina
- Suing Over a Work Injury in North Carolina
- Appealing a Denied Workers' Comp Claim in North Carolina
- All North Carolina workers' compensation rules
FAQ
Can you be fired for filing workers' comp in North Carolina?
North Carolina's Retaliatory Employment Discrimination Act (REDA) prohibits discrimination or retaliatory action against an employee who in good faith files or threatens to file a workers' compensation claim, or testifies or provides information in a workers' compensation matter. It is not a violation if the employer proves it would have taken the same action anyway. An employee must file a written complaint with the N.C. Commissioner of Labor (Department of Labor) within 180 days of the alleged violation.
How do you appeal a denied workers' comp claim in North Carolina?
A party may apply for review of a Deputy Commissioner's award by the Full Commission within 15 days from notice of the award. A Full Commission award may be appealed to the North Carolina Court of Appeals on errors of law within 30 days from the date of the award or of receipt of notice of it; the Commission's findings of fact are otherwise conclusive.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.