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.