Can My Employer Fire Me For Filing a Workers' Comp Claim in SC?

South Carolina law prohibits an employer from firing you in retaliation for filing a workers’ compensation claim. If an employer wrongfully terminated someone on this basis, they would be liable not only for the workers’ compensation claim, but also for a civil lawsuit. Even though South Carolina is a “right to work” state, you cannot be punished for lawfully seeking workers’ compensation benefits.

Nonetheless, your company is allowed to let you go if you are physically unable to perform the job. In these instances, you would begin receiving a weekly workers’ compensation check equal to 2/3s of your pre-tax earnings. For instance, if you grossed $750 weekly before you got hurt, you would receive a $500 check every week from the time you were fired until a doctor placed you at what is known as “maximum medical improvement.”

South Carolina law does not tolerate companies punishing employees simply for being hurt on the job. You have rights, and I will work hard to protect them. If you were fired after filing a workers’ comp claim, or if you believe you are being “targeted” by your employer, call me today at (803) 790-2800. 

Kenneth Berger
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Columbia, South Carolina car accident and personal injury attorney dedicated to securing justice for clients