If you have been injured at work in South Carolina, you may hesitate to file a workers’ compensation claim because you worry about losing your job. This fear is not uncommon. Many injured workers wonder: Can you be fired for filing a workers’ compensation claim?
The short answer is no, you should not be fired, as South Carolina law protects you from such retaliation. However, understanding your rights and the nuances of these protections is critical to safeguarding your livelihood while pursuing the benefits you deserve.
At Williams & Roche, LLC, we bring over 50 years of combined legal experience to workers’ compensation cases throughout South Carolina, and we know your protections under the law. Our Columbia workers’ compensation attorneys, Derrick Williams and Andrea Roche, have been on all the different sides of the table, including working with insurance companies, serving within the South Carolina Workers’ Compensation Commission, and now advocating exclusively for injured workers.
We understand the system inside and out, and we are here to help you without fear of unfair treatment from your employer. Contact us today for a free consultation if you have a work-related injury.
South Carolina’s Anti-Retaliation Protections
South Carolina law explicitly prohibits employers from retaliating against employees who file legitimate workers’ compensation claims. According to South Carolina Code Section 41-1-80, it is unlawful for an employer to discharge or discriminate against an employee because that employee has filed a claim or testified in a workers’ compensation proceeding. This means you cannot be fired, demoted, harassed, or otherwise punished simply because you exercised your legal right to seek workers’ compensation benefits.
These protections exist because workers’ compensation is a no-fault system designed to provide medical care and wage replacement to employees injured on the job. Allowing employers to retaliate would undermine the entire purpose of the system and discourage injured workers from seeking necessary care. If you believe you have been fired for filing a workers’ compensation claim, you may have grounds for a wrongful termination lawsuit in addition to your workers’ compensation case.
When Can an Employer Legally Terminate You?
While you cannot be fired for filing a workers’ compensation claim, South Carolina is an at-will employment state. This means that, in most circumstances, an employer can terminate an employee for any reason that is not illegal. The key distinction is that your termination must not be connected to your workers’ compensation claim.
For example, if your employer can demonstrate that you were fired for poor performance, violation of company policy, or legitimate business reasons unrelated to your claim, the termination may be lawful. However, timing matters. If you are terminated shortly after filing a claim or during your recovery period, this raises red flags and may suggest retaliation.
Our South Carolina experienced workers’ compensation attorneys can investigate the circumstances of your termination and help determine whether your rights were violated.
What Should You Do If You Are Fired After Filing a Claim?
If you have been fired for a workers’ compensation claim, taking prompt action is essential:
- Document everything related to your injury, your claim, and your termination
- Save emails, text messages, performance reviews, and any communication with your employer
- Contact an attorney who understands South Carolina workers’ compensation law
At Williams & Roche, LLC, we have helped injured workers throughout Columbia and statewide protect their rights. We will review the facts of your case, advise you on the best course of action, and fight to hold your employer accountable if they violated the law.
It is also important to continue pursuing your workers’ compensation benefits. Even if you have been terminated, you are still entitled to medical treatment and wage replacement benefits for your work-related injury. Your employer’s insurance company remains responsible for covering these costs.
Can You File a Personal Injury Lawsuit?
In most cases, workers’ compensation is your exclusive remedy for workplace injuries, meaning you cannot sue your employer in civil court. However, there are exceptions. If a third party (someone other than your employer or a co-worker) caused your injury, you may be able to file a personal injury lawsuit against that party. For instance, if you were injured by defective equipment or in a vehicle accident due to another driver, you might have a personal injury claim in addition to your workers’ compensation benefits.
We can advise you on whether a third-party personal injury claim is possible in your situation and connect you with the appropriate legal resources.
South Carolina Workers’ Compensation Lawyers Ready to Protect Your Rights
No one should have to choose between their health and their job. If you are wondering, “Can I get fired for workers’ comp?” or are perhaps even hesitant to file a claim, remember that South Carolina protects injured workers from retaliation.
Whether you have already been terminated or you are concerned about potential retaliation, do not wait to seek legal guidance. Our firm takes on difficult cases for workers throughout South Carolina, and we are committed to providing approachable, competent representation when you need it most.
Contact our experienced attorneys at Williams & Roche, LLC today to discuss your case and learn how we can help you secure the benefits and protections you deserve.
