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Last Modified on May 10, 2026
Suffering an injury at work is stressful enough without having to worry about your employer’s reaction. After an accident, many workers are concerned about their medical care, lost wages, and safely returning to work. Another common question is, can your employer retaliate for filing a workers’ comp claim in NC?
Although there can be many reasons why an employer may decide to terminate workers or change their job duties, North Carolina law prohibits retaliation in many situations where employees file workers’ compensation claims.
Understanding Workplace Retaliation
Workplace retaliation involves an employer punishing a worker for engaging in a legally protected activity. When it comes to workers’ compensation benefits, this can include termination of employment or disciplinary actions after filing a claim or reporting an injury.
Employers have the right to make changes to business operations and employee responsibilities. Just because an employee experiences a negative change at work does not automatically mean they were the victim of retaliation. In many cases, the event’s timing and other facts become important to proving retaliation.
North Carolina Retaliation Laws
According to fiscal year 2024 figures available on the EEOC’s website, the agency received 88,531 accusations claiming employment discrimination, a 9% rise from the previous year. For the sixteenth year in a row, the most common filings were those alleging retaliation, totaling 42,301.
Employees in North Carolina may be protected from retaliation by the Retaliatory Employment Discrimination Act, commonly referred to as REDA. This law covers most private and public employers in North Carolina and prohibits retaliation based on an employee’s participation in protected activities.
REDA may protect employees who report workplace injuries or file claims for workers’ compensation benefits. Workers’ compensation claims are covered by a second set of laws known as the North Carolina Workers’ Compensation Act.
When an employee suffers a workplace injury that meets specific criteria, they may be eligible to receive workers’ compensation benefits. These benefits can include payment for medical care and a portion of lost wages after an injury. If an employer retaliates against an employee for filing a workers’ compensation claim, the employee could have a case against the employer under North Carolina retaliation laws.
Additionally, there are strict timelines you must follow; learn more about the time limits for filing a workers’ comp claim in North Carolina to ensure you do not miss your chance to secure compensation.
Retaliation claims focus on the employer’s reason for termination or discipline. If the reason is covered under state retaliation laws, the employee could pursue a claim against the employer.
Signs That Retaliation May Be Happening
Some employers hold a blatant hostility toward workers who file claims. Other employers may allow managers and supervisors to create a hostile work environment to encourage a worker to quit after filing a claim. If your employer has been respectful about your injury claim, it may not seem like retaliation is happening. However, employers who intend to retaliate often start negative treatment as soon as an employee reports an injury.
Some employees do not realize they are being retaliated against until they have been terminated or threatened with termination. Before this occurs, there are several common signs that retaliation may be occurring.
For example, an employer may change an employee’s schedule to make it difficult to attend physical therapy appointments. If the employee has been a model worker but suddenly starts receiving write-ups for minor issues, it could be a sign that the employer is building a retaliation case for termination.
Retaliation often occurs soon after the employee engages in a protected activity. If your employer seems angry that you filed a claim, keep a close eye on how they treat you at work. Documentation of retaliatory actions is extremely helpful.
Hire a Retaliation Lawyer
Workplace retaliation can be difficult to prove. If you believe your employer is acting in retaliation for filing a workers’ compensation claim, you may want to hire a retaliation lawyer to learn more about your legal rights. An experienced retaliation lawyer can evaluate your claim and decide whether North Carolina law may protect you from your employer’s actions.
Your retaliation attorney can look at your employment file, company emails, prior disciplinary actions, and the circumstances of your accident and workers’ compensation claim. They can use this information to develop a strategy to hold your employer accountable if they violate the law.
FAQs
What Is the Retaliation Law in NC?
In North Carolina, it is illegal for employers to retaliate against employees who have engaged in certain activities that are protected by law. This includes filing a workers’ compensation claim or complaining about workplace safety. REDA, the Retaliatory Employment Discrimination Act, makes it unlawful for employers to discriminate against employees who exercise their legal rights.
How Hard Is It to Win a Retaliation Case?
Retaliation cases can be difficult because employers usually claim that any discipline or termination was due to legitimate business reasons, not retaliation. Employees generally must prove they engaged in an activity protected by law and suffered some type of retaliation from their employer. Emails, witness testimony, timelines, and employment records can become key evidence in a retaliation claim.
Can Carpal Tunnel Be Covered Under Workers’ Compensation?
Workers’ compensation for carpal tunnel syndrome is possible when repetitive work tasks contributed to or caused your condition. If you work in a job that requires typing, assembling products, operating machinery, or frequently repeating hand motions, you can experience symptoms. Medical evidence will likely be needed to prove your condition is work-related, as some insurance companies may challenge that your injury was not caused by work.
What Are Three Actions That Constitute Retaliation?
Retaliation can take many forms of employer action against an employee who exercises a legal right. Some typical examples of retaliation include firing an employee for filing a workers’ compensation claim after a workplace injury, demotion or pay cut after making a complaint, and workplace bullying in response to filing a workers’ comp claim. Changing shifts, write-ups, and coercion are other examples of retaliation.
About Butler, Quinn & Hochman, PLLC
At Butler, Quinn & Hochman, PLLC, we offer information and legal insight to injured workers and employees in Charlotte and throughout Mecklenburg County. Workers’ compensation injuries happen throughout Mecklenburg County, from warehouse accidents along Interstate 85 to construction accidents in Uptown Charlotte and the South End.
If you are a construction worker who was injured on the job in Charlotte, you face unique workplace hazards. Our lawyers understand the unique workplace risks that exist in Charlotte and the surrounding areas. We monitor North Carolina retaliation laws and courtroom developments within the Mecklenburg County Courthouse located at 832 E. 4th Street in Charlotte to provide workers with up-to-date information about their legal rights. Contact us today for your consultation.
