This question seems to come up more frequently than most. Often, we hear clients expressing concern about whether or not they can be fired for filing a workers’ comp claim. And unfortunately, it’s kind of a good news, bad news situation. If you want to know why, we’ll explain in this article.
The Good News
The good news is you cannot be fired for filing a workers’ compensation claim. In South Carolina, doing so is actually illegal.
Under the South Carolina Workers’ Compensation Act, employers are prohibited from retaliating against employees who make valid claims. This means that your employer cannot fire, demote, or otherwise take action to punish you for claiming workers’ compensation benefits.
Although it’s illegal for employers to retaliate against employees for filing workers’ comp claims, unfortunately it still happens. That’s why it’s important to keep thorough records and document any forms of harassment or retaliation from your employer following your injury or filing a claim. This will help you if you need to pursue legal action against your employer.
Rather than firing you, your employer must make reasonable accommodations to help you continue working while recovering from any injury sustained on the job. These could include providing accommodations such as modified work hours, different tasks, and special equipment. This accommodation must be done in good faith and should not cause risk of further injury to yourself or coworkers.
The Bad News
The bad news is that you can be fired for just about anything else.
This is because South Carolina is a “Right to Work” State. This means that in South Carolina, an employer has the right to fire you for just about anything. Of course, some things are protected. For instance, an employer is not allowed to fire you based on your age, sex, race, disability, or any other federally protected reason. However, they can fire you for leaving work five minutes early or not performing your job satisfactorily.
Your employer has the right to fire you even while you are receiving workers’ compensation benefits just so long as the cited reason is not because you filed for workers’ compensation. They can also terminate you if your injury causes you to no longer be able to perform your job.
What if You Are Fired for Filing a Workers’ Compensation Claim?
If you have been fired due to filing a workers’ compensation claim, then you may have legal recourse. If the company retaliated against you as a result of filing your claim, this could be a form of wrongful termination. It’s important to speak with an workers’ compensation lawyer who can review the details of your case and advise you on potential legal action.
Your lawyer may be able to help you build a strong case against the employer by showing that they had knowledge that you were injured on the job, and subsequently terminated or demoted you for filing a workers’ compensation claim.
Additionally, it may be possible for your lawyer to get back pay for time lost after being wrongfully dismissed from work. Your attorney can also pursue punitive damages in the form of pain and suffering compensation, if applicable. With an experienced attorney at your side, you can fight for justice in response to unjust treatment by employers.
