Workers’ Compensation Retaliation

Workers’ compensation is a benefit program to help with replace lost wages and medical expenses when an injury happens at work. Herrmann & Murphy are South Carolina workers’ compensation lawyers and North Carolina workers’ compensation attorneys that understand how much injured workers depend on workers comp for support.

Laws protecting employees who are hurt on the job are meaningless without the ability to file workers’ compensation claims. Many employees are understandably hesitant to file such claims for fear of retaliation. Indeed, retaliation is the most common illegal motive we see in employment cases. Companies too often look to shoot the messenger rather than solve the real problems they face.

State law prohibits this type of retaliation for filing workers’ compensation claims, but many employers do it anyway. If you believe you are the victim of illegal retaliation or if you are considering filing a workers’ compensation claim, you should reach out for a consultation today.

Employees Must File Claims Within 180 Days

North Carolina’s Retaliatory Employment Discrimination Act requires employees to file a claim with the North Carolina Department of Labor (NCDOL) within 180 days of the adverse employment action. The law carries significant remedies for employees, including triple damages, attorneys’ fees, and costs.

Unfortunately, the North Carolina Department of Labor is far more likely to harm your case than to help your cause. Therefore, we strongly recommend you reach out for a consult before going to the NCDOL if you believe you have been the victim of unlawful retaliation. No matter what, though, you must comply with the 180-day deadline. Therefore, you should file with the NCDOL immediately if it has been five months since the adverse employment action occurred.

Reach out for a consultation today.


Kevin Murphy of Herrmann & Murphy

Kevin Murphy

Sean Herrmann of Herrmann & Murphy

Sean Herrmann

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