Can You File Workers' Comp After Being Fired? Key Insights Explained

Introduction

We explain what happens to your rights after your termination from your job, and help you understand your rights after a layoff in North Carolina and in Florida, and how you can best protect yourself (even if you believe that your termination was unfair or even retaliatory).

Understanding Workers' Compensation: Definition and Importance

If you have suffered an injury at work, your employer’s workers’ compensation insurance is responsible for payment of your medical expenses. In some instances, the workers’ compensation insurance is also responsible for a portion of the income loss that results from your inability to work. In North Carolina, the benefits that are awarded for lost time as a result of a work injury can total up to $1,446 per week. Our experienced staff can assist you in your journey through the complex system of workers’ compensation benefits. Remember to report your work injury within 30 days in order to avoid denial of your claim for benefits. Also, in order to make sure that you are receiving all of the benefits that you are entitled to, you should retain records of all correspondence with the claims adjuster, including phone calls and emails. Be sure to retain a copy of all physician notes and bills.

Disputes over benefits with an employee’s injury are generally settled with a mutually agreed upon settlement that covers all aspects of the employee’s injury, such as medical treatment and wage loss. Recently the rates for workers’ compensation insurance in Florida have decreased by 6.9% for 2026. These decreased rates for workers’ compensation insurance will highlight the importance of workers’ compensation benefits to employees and a fair system of benefits for employers as the system continues to evolve. The services of an experienced workers’ compensation attorney are recommended to assist employees in getting the rights and benefits that they deserve.

How Employment Status Affects Workers' Compensation Eligibility

As we previously explored, it is very important for injured workers to understand their employment status prior to their work injury as this can affect their workers compensation benefits. For workers in North Carolina and Florida however, their employment status at the time of their work related injury typically is NOT relevant. As we continue to look at the many different scenarios facing the injured worker who has lost their job, it seems there are many different questions. Will workers compensation pay the injured worker who was fired after filing a workers compensation claim for example? We have already explored the issue of misconduct and how this may affect a worker’s right to claim workers compensation benefits after termination. However, there is a reverse scenario of the above scenario where a worker has been terminated from their job in what the worker believes to be in retaliation for having filed a workers compensation claim for benefits, and the worker’s right to claim workers compensation benefits after being fired.

New 2026 NC Workers Compensation laws mandate prompt reporting of incidents and accidents to ensure timely and accurate incident reporting. Employees must provide written notice of injury within 30 days of injury date and must file written Workers Compensation claim within one year from the date of accident. Employees who lose their job after filing a Workers Compensation claim have many legitimate claims delayed and denied due to lack of timely notice.

Workers who were fired after they filed a Workers Compensation claim for a work-related injury have experienced this circumstance on numerous occasions. Again, it is so very important for employees who have suffered a work-related injury to retain the services of an attorney. There are so many scenarios in which employees who have suffered work-related injuries can file a claim for Workers Compensation benefits after being fired from work or after having resigned from work. Retaining quality workers compensation attorneys like Vasquez Law Firm can help an injured worker to receive the compensation that he or she so badly needs for his or her work-related injury. Vasquez Law Firm’s workers compensation attorneys not only speak two languages, but they care very much about workers all over North and South Florida and are willing to fight to get the compensation that an injured worker needs and so deserves.

Legal Protections for Filing Workers' Compensation Claims After Termination

Do you know your rights after being terminated from employment? Although an employee has left work due to illness, he or she can receive benefits for work-related injuries. Workers' compensation benefits include the cost of medical care and of time of work lost due to injury. However, a wrongful termination action can seek to recover large amounts of damages for unlawful termination in retaliation for seeking benefits after having suffered work-related harm. In such a case, the amount of damages that can be recovered can be as much as $150,000 or more. In particularly egregious cases, $500,000 or more may be awarded.

In addition to receiving benefits for work missed due to injury and the cost of treatment, the wrongfully terminated employee can seek to recover very large amounts of damages in a wrongful termination action for unlawful termination in retaliation for seeking to receive benefits for work related injury. In such cases, the amount of damages that can be recovered can be as much as $150,000.00 or more and in particularly egregious cases $500,000.00 or more.

We have represented many clients in the past who were fired from their jobs for work related injuries and are seeking workers comp benefits after being fired. It is also very important to know your rights to seek and receive benefits after you have been fired from your job for work related injuries. It is very important to document any and all hostile treatment by management as well as any written notes of any discriminatory comments or actions.

Steps to File a Workers' Compensation Claim After Being Fired

You have been fired from your job but need benefits. You will need assistance in receiving the assistance and compensation that you need.

1. Document Your Injury: Collect all of your medical records to prove your injury. These would include treatment notes, diagnostic test results and all of the bills that your doctor sent to you for his/her services.
2. Review State Regulations: Find out what benefits the employee is entitled to from his or her former employer in North Carolina after he or she was fired from work. For example, written notice of a work related injury must be given to the employer within 30 days of the date of the injury. If a worker is fired two years after he suffered an injury to his back at work, does he have a claim for workers comp benefits?
3. File Your Request: The request for benefits must be filed with the proper workers' compensation board or agency. As mentioned earlier, NC requires that a Form 18 be completed in sufficient detail and filed with the board within a certain time period in order to preserve a worker’s right to benefits.
4. Evidence Collected: The relevant evidence (such as witness statements and documentation) is gathered and organized in a file to support the worker’s case.
5. Consult an Attorney: If you have been fired from your job due to your injury or work, the attorney and staff at Vasquez Law Firm can help explain your rights to receive workers compensation benefits and then represent you in your fight to receive benefits through the workers compensation system.

Don’t wait to protect your rights and file a claim to receive the benefits you deserve.

The two cases recently listed on our website of workers that were terminated from work because of their injury demonstrate why hiring an attorney to represent you in your fight for workers compensation benefits is crucial. A recently terminated client of Vasquez Law Firm was being told by the NC Workers Compensation Commission approved benefits that he was not going to be paid because of his terminated status. We immediately stepped up to the plate and demanded payment and our client received immediate payment of all approved benefits.

By protecting your rights we can help secure your future.

Conclusion

Even if you were fired from your job due to your injury, you may still be entitled to receive benefits from your workers’ compensation. There are many cases in which workers who were fired believe that their termination was unfair and thus should still be able to receive benefits.

Even though a worker has been wrongfully terminated from employment, he or she can still receive the benefits that he or she is entitled to from his or her workers’ compensation. The wrongfully terminated worker should have documentation of his or her injury, as well as knowledge of the state’s workers’ compensation laws. Additionally, the wrongfully terminated worker may greatly benefit from hiring an attorney, such as those at the Vasquez Law Firm.

Knowing your rights as an injured employee and how to properly file a workers’ compensation claim after termination of employment can help ensure your claim is handled properly. And remember, language is no barrier to seeking help and recovering from injuries at work and returning to work as soon as possible. Take action today.

Frequently Asked Questions

What is workers' compensation?

Workers' compensation is an insurance program that provides benefits to employees who suffer injuries at work, covering medical expenses and, in some cases, a portion of lost income due to the inability to work.

How much can I receive in lost time benefits in North Carolina?

In North Carolina, the benefits for lost time due to a work injury can total up to $1,446 per week.

What should I do if I suffer a work injury?

You should report your work injury within 30 days to avoid denial of your claim for benefits. It's also important to keep records of all correspondence with the claims adjuster and retain copies of physician notes and bills.

How are disputes over workers' compensation benefits resolved?

Disputes over benefits are generally settled through a mutually agreed-upon settlement that addresses all aspects of the employee's injury, including medical treatment and wage loss.

What recent changes have occurred in workers' compensation insurance rates in Florida?

The rates for workers' compensation insurance in Florida have decreased by 6.9% for 2026, emphasizing the importance of workers' compensation benefits for employees and a fair system for employers.

Why should I consider hiring a workers' compensation attorney?

Hiring an experienced workers' compensation attorney is recommended to help employees secure the rights and benefits they deserve, especially given the complexities of the workers' compensation system.

List of Sources

1. Understanding Workers' Compensation: Definition and Importance
   • North Carolina Workers’ Compensation Law in 2026: Answers to Your Most Common Questions - Bowman Law PLLC | Workers' Compensation Attorneys (https://carolinacompensation.com/north-carolina-workers-compensation-law-in-2026-answers-to-your-most-common-questions)
   • How NC Workers Compensation Reforms Affect You in 2026 | Vasquez Law Firm (https://vasquezlawnc.com/blog/nc-workers-compensation-reforms)
   • Workers comp rates in Florida expected to decrease in 2026 (https://newsfromthestates.com/article/workers-comp-rates-florida-expected-decrease-2026)
   • Florida Governor Signs Historic Workers' Compensation Legislation Into Law - Florida Orthopaedic Society ( FOS/FAOE) (https://floridaorthopaedicsociety.org/news/675246/Florida-Governor-Signs-Historic-Workers-Compensation-Legislation-Into-Law.htm)
2. How Employment Status Affects Workers' Compensation Eligibility
   • A Complete Guide to North Carolina Workers' Compensation 2026 (https://robertslawfirmpa.com/blog/north-carolina-workers-compensation-guide)
   • How NC Workers Compensation Reforms Affect You in 2026 | Vasquez Law Firm (https://vasquezlawnc.com/blog/nc-workers-compensation-reforms)
   • North Carolina Workers’ Compensation Law in 2026: Answers to Your Most Common Questions - Bowman Law PLLC | Workers' Compensation Attorneys (https://carolinacompensation.com/north-carolina-workers-compensation-law-in-2026-answers-to-your-most-common-questions)
3. Legal Protections for Filing 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)
   • Wrongful Termination vs Workers Compensation: Comparing Your Legal Recovery Options - CWILC - California Work Injury Law Center (https://cwilc.com/wrongful-termination-vs-workers-compensation-comparing-your-legal-recovery-options)
   • North Carolina Workers' Compensation Laws 2026 - Know Your Rights (https://robertslawfirmpa.com/blog/north-carolina-workers-compensation-laws)
   • Wrongful Termination Statistics: A Deep Dive - Leaders in Law (https://leaders-in-law.com/wrongful-termination-statistics-a-deep-dive)
   • How NC Workers Compensation Reforms Affect You in 2026 | Vasquez Law Firm (https://vasquezlawnc.com/blog/nc-workers-compensation-reforms)
4. Steps to File a Workers' Compensation Claim After Being Fired
   • Facts and Figures of Workers' Compensation Claims (https://lawyernc.com/workers-compensation-lawyer/facts-and-figures)
   • How to File a Workers' Compensation Claim in North Carolina? 2026 (https://bridgmanganttlaw.com/blog/how-to-file-workers-compensation-claim-in-north-carolina)
   • How NC Workers Compensation Reforms Affect You in 2026 | Vasquez Law Firm (https://vasquezlawnc.com/blog/nc-workers-compensation-reforms)
   • A Complete Guide to North Carolina Workers' Compensation 2026 (https://robertslawfirmpa.com/blog/north-carolina-workers-compensation-guide)