Are you hesitant to file a workers’ compensation claim if you have a work-related injury in South Carolina? Maybe you’re worried about losing your job or facing other negative consequences from your employer. You should have a clear understanding of your rights and how the law protects you in these situations.
South Carolina Law on Firing Someone for Filing a Workers’ Compensation Claim
When it comes to South Carolina laws on filing a workers’ comp claim and facing termination for doing so, two truths are evident:
- Most South Carolina employees should have access to workers’ compensation benefits. Employers with four or more employees are required to carry workers’ compensation insurance. Workers with an on-the-job injury or illness may receive medical benefits, including surgery, hospitalization, medication, and rehabilitation, a percentage of their lost wages, and disability benefits.
- South Carolina employers cannot legally fire you for filing a workers’ compensation claim. South Carolina law protects injured workers from wrongful termination for seeking workers’ compensation benefits. This legal protection ensures that employees can seek compensation for workplace injuries without fear of losing their jobs. If fired under such circumstances, you may have a valid legal claim against your employer for wrongful termination.
Indirect Retaliation Is Also Illegal If You’ve Been Injured on the Job
Your employer cannot legally fire you for filing a workers’ compensation claim. They also cannot use indirect retaliation against you. Here are some examples of what indirect retaliation for a workers’ comp claim could look like:
- Forced leave — Required, unnecessary use of vacation time after reporting an injury
- Workplace harassment — Sudden hostile behavior from supervisors or co-workers after filing a claim
- Discriminatory treatment — Receiving worse job assignments, denied promotions, or other adverse actions
- Retaliatory termination — Termination for unrelated reasons that suspiciously surface only after your workers’ comp filing
How Our Lawyers Can Protect Your Rights If You’ve Been Hurt at Work
Having a knowledgeable attorney by your side is critical when facing the prospect of employer retaliation. Our lawyers handle many workers’ compensation cases and understand how to manage the complexities of South Carolina’s legal system to protect your rights. We can help you:
- Document the retaliation — Detailed records of retaliatory actions can be crucial in legal proceedings.
- Negotiate with your employer — Sometimes, an employee can reach a resolution without going to court. We can represent you in discussions with your employer and their insurance company to find a fair solution.
- Pursue legal action — If necessary, we can file a lawsuit on your behalf to seek compensation and justice for any unfair treatment you’ve suffered because you filed your claim.
Talk to a South Carolina Workers’ Compensation Attorney Now
Don’t let fear stand in the way of seeking the workers’ compensation benefits you deserve for a workplace injury. At Jebaily Law Firm, our experienced workers’ compensation attorneys can help you understand your rights and take the necessary steps to protect them.
Contact us today for a free and confidential consultation.
