Can You File a Workers' Comp Claim After Termination? Here's What to Know

Introduction

Losing a job can be very stressful and may even make a person feel like the world has come to an end. Many workers are fearful that if they are laid off from work after a work-related injury or illness that they will lose their workers’ compensation rights. Workers’ compensation is intended to protect workers who are injured on the job or become ill due to their job. As a worker who has reported an injury or illness and is laid off from work, you have rights.

In North Carolina and in Florida, there are specific rights and protections that apply to you. In this article we will discuss your rights and how to file a workers’ compensation claim.

Understanding Workers' Compensation Claims After Termination

Myth: When you are laid off from work you lose your employment benefits and forfeit your right to collect them while you are unemployed. Most people believe that when you lose your job you can no longer collect benefits from your former employer. Yet workers’ compensation benefits for work-related injuries are available to employees while they are out of work. In North Carolina, workers’ compensation is available to employees who suffer work-related injuries whether they are currently employed or are unemployed. The key factor that must be determined in order to receive workers’ compensation benefits for on-the-job injuries is whether the injury was incurred by the employee as a result of his or her work.

More commonly, however, an employee is laid off from work after an injury and shortly thereafter the employee’s new employer learns that the employee is receiving employment benefits for work-related injuries. Workers’ compensation benefits are provided by the employer of the employee who was injured at work, not by an insurance company of the worker who was injured. In North Carolina, an employee who is laid off from work after an injury has the right to receive workers’ compensation benefits for work-related injuries for as long as the employee is following the recommendations of his or her treating physician and the employee is working at a new job. An employee may be concerned about filing a workers’ compensation claim after he or she has been laid off from work at the time of the injury because the employee may be concerned that the employee will face some form of retaliation by the former employer. However, in North Carolina, there are strong protections for workers against retaliation by employers after a worker has filed a workers’ compensation claim. A North Carolina workers’ compensation lawyer can help a worker who has been laid off from work after an injury at work to file an employment benefits claim and also to file a workers’ compensation claim after the employee has been laid off from work after the work-related injury.

Two examples of protecting workers' rights to collect benefits following a work-related injury and subsequent job loss are outlined below:

1. A worker was laid off after suffering an injury at work.
2. A worker continued to collect benefits on an employment benefits claim after starting at new work as long as he continued to follow the recommendations of his doctors.

The lawyer helped the worker file the initial claim and the worker’s continued collection of benefits after starting at new work is another example of protecting a worker’s rights.

Document all evidence and all information that pertain to your medical treatment as well as your employment termination. We can protect your employment benefits after job layoff and help you in claiming your workers’ compensation benefits for workplace injuries. We can help answer the question: can you file a workers’ comp claim after termination?

Legal Protections and Rights for Employees Post-Termination

We often get calls from workers who have been injured on the job and then are laid off in relation to their work injury. The workers wonder if they can file a workers comp claim after termination of their employment by their employer. The simple answer is yes. Both North Carolina and Florida have laws which prohibit employers from retaliating against workers for filing a claim for work place injury or illness. If an employer lays off a worker who has filed a workers comp claim for work place injury or illness then that worker may file a claim for wrongful termination by his or her employer and he or she would still be able to receive workers comp benefits as long as he or she is able to continue to establish that he or she is disabled from work as a result of his or her work place injury or illness.

Additionally, most states including Florida have laws addressing the situation where a worker is fired after filing a workers compensation claim for work injuries or illnesses. These workers are often left to pay for the medical care and treatment for their work injury or illness, as well as for the loss of wages while they are unable to return to work because of their work injury or illness. The question of can you file a workers comp claim after termination of employment by your employer is an important one and must be answered in the affirmative in order to protect workers who have been fired from their jobs as a result of filing a claim for work related injuries or illnesses.

Rights to Benefits After Termination - An example case analysis is “You’re Fired! Do I Still Get to Collect Workers’ Comp Benefits?” In this case analysis, the author describes the circumstances of an employee who was terminated from his job after he reported an injury to his knee while lifting heavy items of equipment at work. The employee’s question was whether he could still collect workers’ compensation benefits even after he had been terminated from his employment. In most states, including Florida, workers’ compensation benefits will continue to be paid to an injured worker even after that worker has been terminated from his or her job for reasons related to the work injury. At the Vasquez Law Firm, we have handled numerous cases of workers who have been terminated from their jobs after reporting a work injury and have sought to collect wage loss benefits and medical expenses through workers’ compensation. If you have been recently laid off or fired from your job after reporting an injury or alleging work-related illness or injury and are unsure of your rights to workers’ compensation benefits, it is wise to seek the advice of an experienced workers’ compensation attorney immediately. If you have been wrongfully terminated, you must file a report of wrongful termination with the Department of Labor in North Carolina within 180 days of termination. It is crucial to gather all evidence to support a claim of wrongful termination.

Keep a record of any correspondence, whether it be in writing or telephone conversations, of any grievances you feel you have received as well as any subsequent dismissals of those grievances. These are key pieces of evidence to support a claim of wrongful termination as well as workplace retaliation.

At The Vasquez Law Firm, we have a long history of advocating for the rights of working men and women just like you. If you have been injured on the job and have had your worker’s compensation claim denied, or if you have been wrongfully terminated from your job after reporting an injury or alleging work-related illness or injury, you need an experienced and knowledgeable attorney on your side. With offices in North and South Florida, as well as Charlotte, North Carolina, we are conveniently located to serve clients throughout Florida and North Carolina. Contact us today to schedule your FREE initial consultation. We work on a Fixed Fee basis, on a Contingent Fee basis, and we even offer Affordable Monthly Payment Plans to help make our services more affordable.

Steps to File a Workers' Compensation Claim After Being Terminated

So you’ve been fired from work but have a work related injury? Can you file a workers comp claim after termination? Yes. Workers comp claims can be filed by former employees of a company. Here are the steps to filing a workers comp claim after termination.

1. Document the Injury: A huge part of proving that you were hurt while on the job is showing your medical records to support your case and tell your story.
2. Notify the Employer Promptly: The next step is to notify the employer of your work related injury in a timely manner even after your employer has terminated your job. In many states if you fail to inform your employer of a work related injury within a time frame (e.g. 30 days) then your workers compensation claim will be denied. It is very important that you let your former employer and/or the workers compensation insurance company for that employer know as soon as possible that you were injured on the job and that you will need work related compensation for that injury. It is best to send a letter by certified mail to your former employer notifying them of your work related injury and to keep a copy of that letter to the workers compensation insurance company for that employer as well.
3. Understand your rights. When you know your rights, you can stand tall and fight for the compensation you deserve, and it's important to know, can you file a workers comp claim after termination?. The workers' compensation system is a no-fault insurance system. This means that there is no need to prove that your employer was negligent in order to receive compensation for your work related injuries.
4. Submit Your Request: Each and every state has their own special forms that must be filled out and then filed in order to request payment of workers compensation benefits. By making certain that the forms have been properly filled out and submitted in a timely manner, you can help to protect your claim from denial. If your claim is denied, there is a possibility that you can contest the denial of your claim. Don’t let the fear of processing a workers compensation claim stop you from filing a claim and collecting the money that you deserve for your injuries.
5. File for Workers Comp. and seek workers compensation attorneys. The injury at work filing process can be complicated. Hiring the best workers compensation attorneys can help ensure your rights as an employee are protected. The process of filing a workers compensation claim in most states begins with a request to the workers compensation insurance carrier for the employer of the injured employee. Vasquez Law Firm has the most highly skilled workers compensation attorneys. Vasquez Law Firm has bilingual staff to assist you. Our workers compensation attorneys service on a contingency fee basis. We offer free initial consultations and flexible payment plans. That means that we can represent you in the process of filing a workers compensation claim with no upfront costs to you.
6. Follow Up on your Claim: The best way to ensure your claim is being handled in a manner that is most beneficial to you is to remain in communication with your attorney as well as the adjuster for the insurance company for your employer. Even though your initial claim for workers compensation has been approved it is very common for an insurance company to request additional information after approval of a workers compensation claim. When additional information is requested by the insurance company for your employer it is very important that you respond in a timely manner. If you fail to respond to any request for additional information your benefits may be delayed or even terminated. If your workers compensation claim has been denied by the insurance company for your employer you can contest the denial of your claim.

Even if you’ve been let go from your job, it’s time to learn your rights and recover from your work-related injuries. Don’t let fear hold you back and file your workers compensation claim today.

Challenges and Misconceptions in Post-Termination Workers' Comp Claims

Can you file a workers comp claim after termination? Many workers incorrectly assume that they cannot file a workers comp claim after termination. In many cases, workers are misled by an employer regarding whether or not job loss was a result of work injury. In North Carolina, the majority of employees are considered to be at-will employees. This means that for no reason or for bad reason, an at-will employee can be fired by an employer at any time with little to no notice. The Retaliatory Employment Discrimination Act (REDA) was designed to protect at-will employees from employer retaliation for employees exercising their rights as workers. This would include filing of workers comp claim for benefits.

The fear that your job loss is NOT related to your work injury is a huge concern to many workers. North Carolina is an at-will employment state and many workers are wrongly terminated for a variety of reasons with little notice. However, there is hope. Retaliatory Employment Discrimination Act (REDA) in North Carolina protects workers from retaliation by employers for exercising their rights as workers, including filing a workers' compensation claim.

Workers fear that they will lose their jobs after reporting an injury and seeking medical treatment for their work-related injury. Many wrongly fear potential adverse actions from their employers and are relieved to find out that there are federal and state laws that strictly prohibit work place retaliation against an employee who exercises their right as a worker to seek and receive workers’ compensation benefits when they are hurt on the job. Claims of work place retaliation are investigated by OSHA as well as each state’s respective labor agency. For example, a worker was terminated just days after filing a workers compensation claim. He would have had a workers compensation retaliation claim were he to file a complaint with OSHA or the appropriate state agency, for example, the NC Department of Labor.

In connection with work-related injuries, there are many misconceptions as to the reporting of an injury and the worker’s right to benefits while they are an employee of a company. Every year, workers’ compensation benefits are lost because an injured worker failed to report their injury in a timely manner. In 2024, for example, there were reported to be 35,700 serious work-related injuries and illnesses. These types of injuries and illnesses require the worker to be away from work for a period of time. It is very important that the injured worker report their injury as soon as possible after the occurrence of the injury. Vasquez Law Firm represents many workers who suffer from Repetitive Stress Injuries. Vasquez Law Firm is able to get their clients the full extent of medical treatment that they require, as well as full workers’ compensation benefits. The stress and financial burden that the resistance to their injury by their employer and the workers’ compensation insurance company can cause to a worker is significant. Vasquez Law Firm advocates for the rights of such workers. Vasquez Law Firm offers free initial consultations and creative payment plans. If you have been injured on the job, contact an attorney to protect your rights to full and proper medical treatment and to all workers’ compensation benefits to which you are entitled.

Conclusion

Many workers are under the impression that once they have been terminated from employment for whatever reason (i.e. termination, layoff, etc… closure of their employer) that they will no longer be able to file for workers compensation for work related injuries. Also, many workers feel that even though they have paid into the system through their paycheck for all of the years while they were working for their previous employer, that they would not be entitled to receive any benefits if they were no longer employed by the company where they received their work related injury in North Carolina or Florida.

We recently posted an article detailing what employees need to know regarding work related injuries, claiming workers’ compensation after being terminated, and employee protection from employer retaliation while claiming workers’ compensation after being terminated from work.

Your rights as a worker who has been injured and terminated from his or her job are very important. It would be in your best interest to seek the advice of a workers compensation attorney. Knowing how to file for workers compensation after you have been terminated from your job is very important for your health and your wallet.

Frequently Asked Questions

Do I lose my workers' compensation benefits if I am laid off from work?

No, in North Carolina, workers' compensation benefits for work-related injuries are available to employees even if they are unemployed. The key factor is whether the injury was incurred as a result of work.

What should I do if I am laid off after suffering a work-related injury?

You have the right to receive workers' compensation benefits as long as you follow your treating physician's recommendations and are working at a new job.

Can my former employer retaliate against me for filing a workers' compensation claim after being laid off?

No, North Carolina has strong protections against retaliation by employers for workers who file a workers' compensation claim.

How can a lawyer assist me if I have been laid off after a work-related injury?

A North Carolina workers' compensation lawyer can help you file an employment benefits claim and a workers' compensation claim after your layoff.

What evidence should I document if I want to claim workers' compensation benefits after termination?

You should document all evidence and information related to your medical treatment and your employment termination to support your claim.

Can I collect benefits from my former employer while working at a new job?

Yes, you can continue to collect benefits on an employment benefits claim after starting new work, as long as you follow your doctor's recommendations.

What are the protections for workers regarding benefits after job loss?

Workers have the right to collect benefits for work-related injuries even after being laid off, and there are legal protections against retaliation for filing claims.

List of Sources

1. Understanding Workers' Compensation Claims After Termination
   • Court Upholds Verdict Finding Worker Wrongfully Terminated for Pursuing Benefits| Workers Compensation News | WorkCompCentral (https://workcompcentral.com/news/article/id/12020566f71c1c1ee3709cc7ca8b0cad4b03d8d9)
   • Can You Collect Workers' Comp After Being Fired? | Legal Guide (https://royyanglaw.com/can-you-collect-workers-comp-after-being-fired)
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   • Can You Be Fired for Filing a Workers' Comp Claim in North Carolina? Understanding Your Rights (https://brentadams.com/blog/can-you-be-fired-for-filing-a-workers-comp-claim-in-north-carolina-understanding-your-rights)
   • What Happens If You’re Fired After Filing a Workers’ Compensation Claim in North Carolina? – Daggett Shuler Law Firm (https://daggettshulerlaw.com/what-happens-if-youre-fired-after-filing-a-workers-compensation-claim-in-north-carolina)
2. Legal Protections and Rights for Employees Post-Termination
   • NC Workers’ Comp Rules on Firing Claimants | Miller Law Group (https://millerlawgroupnc.com/resources/can-i-get-fired-if-i-file-a-workers-compensation-claim)
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   • Fired After Filing Workers’ Comp in Florida? Legal Protections You Should Know (https://linkedin.com/pulse/fired-after-filing-workers-comp-florida-legal-protections-ehsce)
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   • How NC Workers Compensation Reforms Affect You in 2026 | Vasquez Law Firm (https://vasquezlawnc.com/blog/nc-workers-compensation-reforms)
3. Steps to File a Workers' Compensation Claim After Being Terminated
   • Can You Collect Workers' Comp After Being Fired? | Legal Guide (https://royyanglaw.com/can-you-collect-workers-comp-after-being-fired)
   • How To File a Workers' Compensation Claim In North Carolina? 2026 (https://sumwaltgrouplaw.com/blog/how-to-file-workers-compensation-claim-in-north-carolina)
   • Can You Still Get Workers' Comp After Being Fired? (https://cruzfirm.com/blog/can-you-collect-workers-comp-after-being-fired)
   • How NC Workers Compensation Reforms Affect You in 2026 | Vasquez Law Firm (https://vasquezlawnc.com/blog/nc-workers-compensation-reforms)
   • How to File a Workers' Compensation Claim in North Carolina? 2026 (https://bridgmanganttlaw.com/blog/how-to-file-workers-compensation-claim-in-north-carolina)
4. Challenges and Misconceptions in Post-Termination Workers' Comp Claims
   • Can You Be Fired While on Workers Compensation in North Carolina? 2026 2026 (https://sumwaltgrouplaw.com/blog/can-you-be-fired-while-on-workers-compensation-in-north-carolina)
   • Can You Collect Workers' Comp After Being Fired? | Legal Guide (https://royyanglaw.com/can-you-collect-workers-comp-after-being-fired)
   • Fired While on Workers’ Compensation? What To Do (https://wilderlawgroup.com/blog/can-you-be-fired-after-a-work-related-injury-in-north-carolina)
   • What Happens If You’re Fired After Filing a Workers’ Compensation Claim in North Carolina? – Daggett Shuler Law Firm (https://daggettshulerlaw.com/what-happens-if-youre-fired-after-filing-a-workers-compensation-claim-in-north-carolina)
   • Can You Be Fired for Filing a Workers' Comp Claim in North Carolina? Understanding Your Rights (https://brentadams.com/blog/can-you-be-fired-for-filing-a-workers-comp-claim-in-north-carolina-understanding-your-rights)