Were you Fired for Filing a South Carolina Workers’ Compensation Claim?
Is it legal to fire an employee for filing a workers’ compensation claim in South Carolina?
Many people are afraid that they will be fired or demoted if they file a workers’ compensation claim in South Carolina. Fortunately, the law protects workers from such retaliation, and if it does occur, the law will punish the employer.
Why are workers protected from termination after filing a claim?
Workers’ compensation laws were written in such a way that they would discourage any employer retaliation because workers would otherwise be vulnerable and afraid to reveal the dangerous conditions of workplaces. If any employee who complained about hazards or injuries could be fired, then the workplace would be much more dangerous. Protecting workers ensures that employers will want to maintain a secure and safe environment for their employees.
What are the requirements of the law?
Any injured worker who files a workers’ compensation claim is automatically protected and given the necessary time to recover from injuries. The law also ensures that the employers must keep the worker on the payroll until they have reached maximum medical improvement or over the course of the claim. Maximum medical improvement is the point where the injured person will not likely improve any further in their medical condition.
Once this point is reached, the employer can asses current work restrictions and must attempt to accommodate these restrictions within reason. Ultimately, the goal is to allow the worker to continue with their former job duties, and if accommodations can be made by the employer, they must make them.
What if my employer did retaliate?
Even though employees are protected from termination and retaliation for filing a workers’ compensation claim, some employers will still retaliate by finding another reason or excuse to fire them. They may say that it is because of poor work performance or something else. Hiring a Spartanburg workers’ compensation attorney is your best option if this has happened to you, so that you can get your job back and receive benefits through workers’ comp.