Being injured at work is bad enough, but if you must worry about being fired afterward, life can be overwhelming. You may wonder if your employer can fire you while you’re receiving workers’ compensation. The answer is complicated, and you should consult with an attorney if you are terminated.
A South Carolina workers’ compensation attorney can help you understand your rights after being hurt on the job. If you are fired while receiving benefits, you may be able to get help from a legal professional to get your job back or obtain compensation that will allow you to move forward with life.
Can My Employer Fire Me While I’m Receiving Workers’ Compensation Benefits?
Your employer can still fire you while you are receiving workers’ compensation benefits. However, they cannot fire you solely because you filed a workers’ compensation claim. This is considered retaliation and is illegal in South Carolina.
Workers’ compensation laws are designed to protect injured workers and ensure they receive fair compensation for their injuries. These laws include protections against retaliation, meaning your employer cannot take adverse actions against you for filing a claim.
South Carolina Is an At-Will Employment State
Since South Carolina is an at-will employment state, your employer can fire you for any reason, as long as it’s not retaliatory. If your employer can demonstrate that they fired you for reasons unrelated to your workers’ compensation claim, such as poor performance, violation of company policies, or economic reasons, the termination is likely legal.
Can My Employer Fire Me for Being Injured on the Job?
While your employer cannot fire you in retaliation for being injured on the job, if your injury prevents you from fulfilling the essential duties of your job, even with reasonable accommodation, your employer may terminate your employment.
What Should I Do If My Employer Retaliates Against Me for Filling a Workers’ Comp Claim?
If you believe you were fired solely or primarily because you filed a workers’ compensation claim, you may have grounds for a retaliation claim. Evidence of retaliation may include firing you shortly after you filed a claim, treating you differently than other employees, or making negative comments about your claim.
Here are some steps you should take if you believe you were wrongfully terminated:
- Consult with an attorney: An experienced workers’ compensation attorney can assess your situation, review your employment contract (if you have one), and advise you on your legal options.
- Document everything: Keep detailed records of any interactions with your employer, including emails, memos, and notes from conversations.
Can I File a Lawsuit Against My Employer for Retaliatory Discharge?
You can file a civil lawsuit against your employer if they fire you because you received workers’ compensation benefits. Legal claims are extremely complex, and no one will help you unless you hire an attorney. When you work closely with a lawyer, you have a better chance of winning your case and getting a beneficial outcome.
The court process will involve filing a complaint outlining the details of your claim. There will be a period of discovery where both sides will exchange information and evidence that supports their claims. The court will schedule a trial or mediation to resolve the dispute.
Workers’ Compensation Attorney Venus Poe Can Help
If you were fired because you filed for or received workers’ compensation benefits, you may have a valid claim against your employer for retaliation. You may be able to receive compensation for the damages your employer caused by wrongfully terminating you.
Retaliation cases are extremely complicated. It’s best to work closely with an experienced attorney like Venus Poe. Contact us today for a free consultation of your case so that we can help you understand your legal options.