A common question people have after a work injury is, “Can you get fired for filing workers’ comp in South Carolina?” State law protects you from retaliation for exercising your rights, such as your right to file for workers’ compensation after getting hurt on the job. That said, there are situations where your employer can terminate you for reasons other than because you filed for workers’ comp. For example, they may be able to fire you for performance-related reasons. You may be entitled to restitution if your employer wrongfully lets you go because you filed a claim.
Williams & Roche, LLC, is dedicated to helping those who work hard and get hurt on the job get the compensation they deserve under South Carolina law. We fight against coercive and wrongful practices by companies that punish people for exercising their rights after a work injury.
Is It Legal to Be Fired for Filing a Workers’ Compensation Claim?
Under South Carolina law, it is illegal for your employer to fire you as punishment for filing a workers’ comp claim. The law goes further and protects people from being demoted because they brought a work injury case. Likewise, those who testify or are witnesses in a workers’ compensation claim have protection. If an employer violates this law, they may have to pay the lost wages of the workers they retaliated against.
Understanding Workers’ Compensation Rights in South Carolina
South Carolina law allows injured workers to request benefits if they get hurt while working for their employer. South Carolina requires most employers to have workers’ compensation insurance. These policies provide workers with things like lost wages and payment of their medical expenses if they get hurt while doing work for their employer. Employees do not need to prove fault to be eligible for coverage.
To qualify for these benefits, the person would need to show that they are an eligible employee and that they got their injury while acting within the scope of their employment. Someone does not have to be on the physical job site to qualify; however, they need to be on the clock.
The amount of compensation someone receives and for how long depends on what they qualify for under South Carolina law. For example, someone with a total disability may receive 66 and 2/3 percent of their average weekly wage for up to 500 weeks. If someone gets an injury outlined in the statutory schedule, they may receive another amount for a different length of time.
What Is Retaliation, and How Does It Apply to Workers’ Comp Cases?
Retaliation is when an employer does something to punish an employee for exercising their rights. For example, this may involve being fired for filing a workers’ comp case. Or, the employer may pressure an employee into quitting their job or threaten to harm them if they file a claim or serve as a witness in one.
South Carolina law protects employees from losing their job because they filed a work injury claim. Employers that violate these rules may be legally liable.
What Should You Do If You Are Terminated While on Workers’ Comp?
If you are injured at work and then fired, consider talking to a seasoned workers’ compensation attorney. They can help you by investigating what happened and filing documents to help you protect your rights. If your employer terminated you as punishment for seeking benefits, the attorney can also initiate legal action against your employer.
Can You Sue Your Employer for Retaliation After Filing for Workers’ Comp?
South Carolina law may empower you to sue your employer for wrongfully firing you because you filed or participated in a workers’ comp claim. To have a chance of winning your case, you need to be able to show that the reason you were fired or demoted is because your employer is punishing you for exercising your rights.
If you win your case, you may be entitled to reimbursement of the wages you lost because of the retaliation. You may also be able to get your old position back if you win your retaliation claim.
Reemployment Rights After Workers’ Compensation Claims
After recovering from a job injury, you may have the right to return to work at your old or a comparable position. If your doctor says you can return to work on light duty restrictions, your employer should respect this and continue to offer you employment. Your employer cannot stop paying compensation until you completely return to work or you receive compensation under the law and the agreement approved by the Workers’ Compensation Commission.
Contact Williams & Roche, LLC for Help Protecting Your Rights
The short answer to “Can you get fired for filing workers’ comp?” is that you cannot. An employer may not punish an employee for exercising their rights, such as the right to receive benefits after a work injury. If your employer breaks the law and fires you, you may be able to file a South Carolina retaliation lawsuit.
Williams & Roche, LLC, stands by workers and fiercely protects them from retaliation. Our founding attorneys are both former Workers’ Compensation Commission judges, which equips us with unique perspectives that we can use to craft targeted legal strategies to help our clients.
Reach out to us today by calling 803.784.0503 to schedule a no-obligation consultation.
