Workplace injuries can create significant stress, especially if you have concerns about your job security while recovering.
Many injured workers in South Carolina ask whether they can be fired while on workers’ comp. South Carolina law provides specific safeguards for employees pursuing legitimate claims, but certain employment decisions may still be made under certain conditions.
If you have questions about your rights after a workplace injury, consulting an experienced workers’ compensation attorney can help you understand the employment laws relevant to your situation.
Can You Be Fired While on Workers’ Comp in SC?
South Carolina law prohibits employers from firing employees in retaliation for filing workers’ compensation claims.
The state’s workers’ comp program is a no-fault system, meaning most employees are entitled to medical care and partial wage replacement for work-related injuries regardless of fault.
Employers may not terminate employees solely because they exercise their right to seek workers’ compensation benefits. Doing so could expose the employer to liability for wrongful termination under the state’s public policy exception.
However, South Carolina is an at-will employment state, meaning an employer may terminate an employee at any time, for any reason, or for no reason.
In your circumstances, the critical distinction is whether the termination is related to your workers’ compensation claim or arises from legitimate business reasons.
Lawful Termination: When Firing Is Allowed?
Employers may lawfully terminate employment while you are on workers’ compensation under specific circumstances.
For example, if company-wide layoffs occur for financial reasons unrelated to your injury, your position might lawfully be eliminated.
Employers can also terminate employment when medical restrictions prevent you from performing essential job functions and no reasonable accommodation is required or available under applicable disability discrimination laws.
Additionally, workplace rule violations unrelated to your injury can result in termination.
Poor performance issues documented before your injury may also provide grounds for firing. The timing and circumstances surrounding termination often reveal whether it was legitimate or retaliatory.
Illegal or Retaliatory Firing: When an Employer Cannot Fire You
Workers’ comp employer retaliation occurs when termination is directly connected to your workers’ comp claim.
Warning signs include firing immediately after filing, negative comments about your claim from supervisors, or inconsistent treatment compared to other employees with similar performance records.
If your employer cannot provide legitimate business reasons for termination separate from your claim, you may have grounds for a wrongful termination lawsuit.
What Happens to Your Workers’ Comp Benefits If You’re Fired?
Being fired does not automatically end your workers’ compensation benefits.
In South Carolina, eligibility for benefits depends on your work-related injury and whether you remain medically unable to work, not just your employment status.
If medical restrictions prevent you from working, you remain entitled to temporary total disability payments equal to two-thirds of your average weekly wage, subject to state maximums. Benefits typically continue until your doctor releases you to work, your benefits are modified, or you reach maximum medical improvement (MMI).
Steps to Take If You Suspect Retaliation From Your Employer
If you believe your firing is related to your workers’ compensation claim, you need strong evidence to support your claim.
Here are some tips on what to do:
- Document everything related to the workplace accident, your injury, claim status, and termination. Save emails, text messages, performance reviews, and records of conversations with supervisors. Note dates, times, and witnesses to any discussions about your claim or job status.
- Continue attending all medical appointments and following doctors’ orders to demonstrate your commitment to recovery.
- Consult an experienced workers’ compensation attorney for guidance on whether you experienced an adverse action from your former employer.
When to Contact a Manning Workers’ Compensation Attorney
If you suspect retaliation or face termination while on workers’ comp, contact an experienced attorney immediately.
A lawyer can investigate whether your firing violated South Carolina law and help you pursue your workers’ comp benefits and advise on whether a wrongful termination claim may be appropriate.
Land Parker Welch LLC is a family-run law firm with a 30-year history of serving hardworking South Carolina employees. With 120 years of combined legal experience, our attorneys are committed to pursuing maximum workers’ compensation benefits for our clients.
Contact us today for a free consultation with a workers’ compensation attorney who will work to protect your rights.
