Can I get fired for filing workers’ comp?

In South Carolina, it is illegal for an employer to fire an employee simply because the employee filed a workers’ compensation claim. If that were allowed, employers would not be incentivized to maintain safe premises for their employees.

In South Carolina, you can technically lose your job at any time for any reason or no reason.  However, your employer cannot terminate your employment in retaliation from your employer for making a workers’ compensation claim. You can, however, lose your job while your claim is in process for various reasons, but not because you filed a claim and are receiving benefits. Keep reading for more from our skilled Greenville workers’ compensation lawyers.

can I get fired for filing workers comp

Indirect retaliation is also illegal

While direct retaliatory termination is prohibited by South Carolina law, employers may attempt “indirect retaliation” by claiming that you are no longer physically capable of performing essential job duties. This is illegal, and the SCWCC strictly prohibits the following actions:

  • Forced leave
  • Workplace harassment
  • Discriminatory treatment
  • Retaliatory termination

You are protected from such actions starting from the time of your accident and injury, even before filing your claim. Once you’ve filed, your employer is obligated to keep you employed until your doctor determines you’ve reached maximum medical improvement (MMI). At this point, when your recovery allows, the company must reasonably accommodate any restrictions resulting from your injuries and facilitate your return to duties. The SCWCC encourages injured employees to continue working if possible.

Protect your rights – work with a Greenville workers’ compensation lawyer

If you’re worried about employer retaliation, reach out to Smith Jordan Attorneys at Law. We are dedicated to advocating for the medical care and additional benefits you deserve, and we’ll make sure your rights and best interests are protected.

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