No. A South Carolina employer is not allowed to fire you for filing a workers’ compensation claim. Even though South Carolina is a right to work state, South Carolina law specifically prohibits an employer from firing an employee in retaliation for filing a workers’ compensation claim.
However, your employer does not necessarily have to hold your job while you are out of work for a work-related injury. The employer also does not have to bring you back to work if you are physically unable to perform your job. After a work injury, your employer must send you to the doctor to treat your injuries. If the doctor writes you out of work, your employer must pay you for your time out of work. The rate of pay is calculated by taking your average weekly wage over the four quarters prior to your injury and multiplying that by .6667. Once your doctor states that you are at “maximum medical improvement” for your injury, your employer must then pay you for any permanent disability you have suffered as a result of the on-the-job injury.
If you feel that you have been fired for filing your workers’ compensation case or that you may lose your job, call me today. We will work hard to protect your rights. If you have questions about your workers’ compensation or any other questions about your legal rights, please contact Venus Poe today at 864-963-0310 or click here to fill out an online case evaluation form. We have offices in Greenville, South Carolina and Fountain Inn, South Carolina to better serve you. There is no obligation or charge for our initial consultation to see if we can help you with your accident case.