Hurt on the job in South Carolina? You have the right to file for no-fault workers’ comp benefits. It is also your right to get workers’ comp without facing any punishment (retaliation) from your employer. This raises a very important question: Can you get fired while on workers’ comp? Technically, the answer is “yes,” but your termination might not be legal. You cannot be fired because you filed for and/or are getting workers’ comp benefits. A worker who was fired for an illegal reason may have a compensation claim. Here, our Summerville workers’ compensation attorney provides a guide to the workers’ comp retaliation laws in South Carolina.
Know the Law: Workers’ Comp Retaliation Statute in South Carolina
In South Carolina, most employers are required to provide no-fault workers’ compensation coverage to most employees. The state’s workers’ comp laws protect employees who need to file for benefits. Indeed, South Carolina law provides strong protections for workers who are hurt on the job. Under SC Code § 41-1-80, it is illegal for an employer to discharge or demote an employee in retaliation for filing a workers’ compensation claim. The law applies regardless of whether your claim is ultimately approved or denied. The key is that the adverse employment action must be connected to your exercise of rights under the state’s workers’ compensation system. If your employer fires you because you sought benefits, that is retaliation and a violation of the law.
Can You Be Fired While on Workers’ Comp?
Imagine you are already getting workers’ comp benefits in South Carolina. Can you be fired? The answer is technically “yes.” How does that work under the state’s anti-retaliation workers’ comp statute? The short answer is that the statute does not protect you against any firing. It only protects you against being fired (or laid off) for an illegal reason. Specifically, for any reason related to your decision to file for benefits. Here is a more detailed explanation:
- Fired While on Workers’ Comp (Illegal): Termination is unlawful if your employer’s true motive is to punish you for filing a workers’ compensation claim or to avoid the cost of your benefits. For example, if your employer openly states that your claim is causing problems for the company, fires you shortly after you file for benefits without any legitimate performance or conduct issues, or replaces you while you are still on approved medical leave without a valid business-related reason, the termination could be considered retaliatory. Your rights have been violated if you were fired because you claimed workers’ comp.
- Fired While on Workers’ Comp (Legal): With that being said, it is important to clarify that there are also situations where an employer may lawfully terminate an employee who is receiving workers’ compensation benefits. It can occur if the company is undergoing layoffs or downsizing that have nothing to do with the injury, if your position is eliminated as part of a legitimate business reorganization, or if you have documented performance issues or misconduct that would have led to termination even without your injury. In these cases, the termination is not considered retaliation because the decision is based on valid, non-discriminatory reasons that are unrelated to your workers’ comp claim.
Of course, most employers know that firing a worker because he or she sought workers’ comp benefits is illegal. They are unlikely to openly admit that they are breaking the law (though that does sometimes occur). Instead, many employers conjure up pretextual (false) reasoning to try to argue that the firing is legitimate. You have the right to fight back against an unfair firing. Timing can be evidence in your favor. A top South Carolina workers’ comp lawyer can help with your claim.
What Happens to Your Workers’ Comp Benefits If You Are Fired in South Carolina
If you are fired for a legitimate reason while on workers’ comp, your right to benefits for your injury typically continues. Workers’ compensation is a form of insurance. In other words, it does not automatically stop because you lose your job. You should still receive medical coverage for your authorized treatment and wage replacement benefits if you remain unable to work due to your injury. Though when your workers’ comp ends, you will obviously need to find new employment.
Still, disputes can arise over workers’ comp. An employer or insurer may attempt to reduce or terminate benefits after your job ends. They could try to argue something like your inability to work is no longer related to the injury. If that happens, you may need legal help to get the full and fair financial support that you are entitled to as a matter of South Carolina law.
Remedies for Workers’ Comp Retaliation in South Carolina
Workers’ comp retaliation is unlawful. South Carolina law recognizes that retaliation against injured workers undermines both workplace safety and the integrity of the workers’ compensation system. If you can prove that your employer fired you in violation of SC Code § 41-1-80, you may be entitled to compensation for your damages and other remedies.
Notably, one possible remedy is reinstatement, which allows you to return to your former position or an equivalent role with the same pay, benefits, and seniority. If reinstatement is not practical (which is common due to a toxic work environment and/or a complete breakdown in trust), you may be awarded front pay, which compensates you for future wages you would have earned had you remained employed. You may also recover back pay.
Beyond that, South Carolina courts can award compensation for emotional distress in certain cases, recognizing the stress, humiliation, and mental anguish that can result from being wrongfully terminated. Where the retaliation was willful or malicious, the court may also impose punitive damages to punish the employer and deter similar conduct in the future.
Why Injured Workers Trust West Law Firm
Dealing with the aftermath of a serious work injury is not easy, especially if you believe that your job is at risk. Retaliation against injured workers who file for (or are receiving) benefits is illegal in South Carolina. With that being said, it is still a problem that happens in too many cases. Employers that violate the law must be held accountable. At the West Law Firm, we are proud to fight on the side of injured workers. Our team is proactive and solutions-focused. Summerville, SC, is known as the “Flower Town in the Pines,” with its charming neighborhoods and welcoming community. Injured workers in Summerville deserve strong, local legal representation to help them stand up for their rights. With a strong record of success, our case results tell the story best. You can set up a free consultation today.
Contact Our Summerville, SC Workers’ Comp Lawyer Today
At the West Law Firm, our Summerville workers’ comp attorney is ready to protect your rights and your interests. You should not be fired because you filed for workers’ compensation benefits in South Carolina. If you have any questions about the workers’ comp retaliation laws in South Carolina, we can help. Call us now or contact us online for a free case review. We represent injured workers in Summerville and throughout the wider region in South Carolina. Our office is conveniently located in the 29483 zip code, serving Summerville and the surrounding Lowcountry communities.