Columbia SC | Can I Be Fired For Filing a Workers’ Compensation Claim?
Often, we get calls from people who tell us that they have sustained a work injury, but are afraid to file a workman’s compensation claim. “Is it really okay for me to file a claim? I don’t want to lose my job for doing so.” This is a reasonable concern that we hear frequently. The good news is that in South Carolina employers are not allowed to fire employees for filing workers’ compensation.
South Carolina law states that a South Carolina employer is prohibited from firing, suspending, demoting or relocating for retaliatory reasons an employee for a work-related injury. In other words, under South Carolina law, you are protected from being fired for a work-related injury.
However, an employer can still fire you while your workers’ compensation claim is open if they can prove that they are firing you for reasons that are unrelated to your injury. The best protection against this is to act as a model employee within your work restrictions: make sure that you are completing all tasks assigned as best you can, leaving no room for complaints with your work.
Of course, this won’t be enough for some employers. If you feel you have been wrongly terminated or terminated due to your work injury, be sure to contact an attorney.
Oxner + Permar has the experience to make sure that your rights are being protected.
In the state of South Carolina, employers are not allowed to fire you for your work injury or for filing workers’ compensation. If you have any questions be sure to contact an attorney.
Charlotte NC | What Kinds of Injuries Qualify for Workers’ Compensation Benefits?
Many people are under the assumption that to be covered under workers’ compensation, you simply need to have gotten hurt at work. But workman’s comp is more complicated than that, and it helps to know the ins and outs.
For starters, it is required that the injury be classified as an “injury by accident.” This is defined as an injury caused by anything out of the ordinary that is interjected into your regular work routine.
There is an exception to the rule. Often, back injuries and hernias are covered without their having been an accident as long as you’ve had a “specific traumatic incident,” sometimes referred to as an STI. A good way to think about this is that it is something that hurts you, but doesn’t rise quite to the level of an “accident” or was triggered by such.
Keep in mind that there is also what is known as “occupational diseases.” In this case, medical conditions that develop over time due to hazards at work may very well be covered. How do you know if you have an occupational disease?
- First, an occupational disease is contracted by exposure to risk factors resulting, at least partially, from work activities. [characteristic of persons engaged in the particular trade or occupation which the claimant is engaged]
- Second, it is not an ordinary disease of life to which the public generally is exposed with those engaged in that particular trade or occupation
- Finally, as you can imagine, there must be a causal connection between the disease and the claimant’s employment.
No matter what, be sure to get an attorney when you’ve been injured on the job. There are too many rules and complexities to weed through, and the team at Oxner + Permar will make sure you are not alone in determining the extent of your injury and whether or not you can expect workers’ compensation as a result. With a team of 25 attorneys who have won more than $275 million in awards and settlements, Oxner + Permar is here to answer your questions and assist you in taking the right steps to get the benefits you deserve.
Asheville NC|The Risks of Maintaining a Facebook Account While You’re Fighting a Legal Battle
Facebook is a fun and popular way to communicate and socialize. It’s also an especially easy way to keep friends and family updated on the latest happenings in your life. But what happens if the wrong person uses what you post against you? This scenario can be big trouble for anyone embroiled in a legal battle.
Posting on Facebook might seem like an innocent thing to do, but the problem is that Facebook pictures and statements can become relevant evidence in a case like workers’ compensation. Recently, while attending a mediation with my client, the defense attorney started talking about everything on her Facebook page. Because she had communicated openly on her page and not taken the opportunity to remove her account from his view, the defense attorney knew things about my client that were interesting and relevant to the issues in the case. I always advise my clients to pull down their Facebook page. As a plaintiff, you never want insurance companies looking into your life and taking advantage of social media information that they use against you in their defense.
Keep in mind that you don’t have to fully delete your Facebook account; there is a way to simply deactivate it if you think you’ll want to return to it in the future. Regardless, take your attorney’s advice and make sure that your case is not threatened because of a simple Facebook post you created in passing. Your livelihood is much more important, and that’s what matters most to the team at Oxner + Permar.
Don’t let your Facebook account ruin your chances of earning the workers’ compensation benefits you deserve.