Being injured on the job is stressful enough without having to worry about your employment status.
Many workers in South Carolina who suffer workplace injuries have one big question on their minds: Can I be fired while on workers’ comp? The short answer is, it depends. South Carolina is an at-will employment state, meaning employers can generally terminate employees if they have even the smallest reason. However, there are important exceptions and protections for injured workers. Here’s all you need to understand your next steps after being terminated while on workers’ comp in South Carolina.
Your Right to Workers’ Compensation
First, it’s critical to understand your fundamental rights after a work-related injury or illness in South Carolina. Under state law, most employers must carry workers’ compensation insurance to cover medical expenses and lost wages for employees hurt on the job. To be eligible, you need to promptly report the incident to your employer and file a claim. Fault doesn’t matter in most cases – even if the injury was partially due to your error, you can still qualify for benefits. Employers cannot threaten, demote, or fire you simply for filing a valid workers’ comp claim. That would be considered illegal retaliation.
Major Exceptions to At-Will Termination
Now, here’s the crucial part for injured workers to understand. Even in an at-will state like South Carolina, you cannot get fired while on workers comp for illegal reasons. This includes discrimination based on protected characteristics like race, age, or disability. It also includes retaliation against workers who engage in “protected activities” under the law. Two key examples are filing a workers’ compensation claim or reporting unsafe work conditions. So, while your employer may be able to let you go while on workers’ comp, they cannot legally do so because you filed a claim.
Returning to Work After an Injury
After being on workers’ comp, many employees are eager to get back to their jobs. But what if you have lingering health issues or work restrictions? SC employers must adhere to federal and state disability laws. Under the Americans with Disabilities Act (ADA), companies with 15 or more workers may need to provide reasonable accommodations to help you do your job. This could mean things like modified duties, altered schedules, or special equipment. Your employer has to engage in a good-faith interactive process with you to determine viable accommodations.
When Termination May Be Allowed
As mentioned, being on workers’ comp does not give you blanket protection against termination in South Carolina. Employers can still discharge workers for legal reasons unrelated to their injury or claim. Some common examples could include:
- Layoffs due to downsizing or restructuring
- Performance issues unrelated to the injury
- Violating company rules or policies
- Excessive unexcused absences beyond injury leave
But it’s not always clear-cut. If you suspect your workers’ comp claim factored into a termination decision, it’s worth discussing with an experienced local attorney. An employer’s given reason could potentially be a pretext for retaliation.
Your Benefits May Continue
Even if you do lose your job while on workers’ comp, you may still be entitled to ongoing benefits. In South Carolina, being terminated does not automatically end your eligibility for medical coverage, temporary total disability, or permanent partial disability payments. The key factor is whether you’ve reached maximum medical improvement (MMI). If you’re still in active treatment, benefits should continue regardless of your employment status. At McCravy, Newlon, Sturkie, & Clardy, our Spartanburg workers’ compensation attorneys help injured workers understand and assert their rights under SC law.
Fired While on Workers’ Comp Dilemma
One of the trickiest situations is when a worker is fired very soon after filing a workers’ comp claim, but before taking leave. The timing certainly looks suspicious, but employers may argue it was already in process for other reasons. Again, this is where documentation and legal counsel are invaluable. You want to establish a clear record that your claim was processed before any performance issues came up.
Be sure to report your injury promptly and request a copy of the incident paperwork. Follow up in writing if you don’t get a response right away.
Pursuing a Retaliatory Discharge Claim
If you believe you were wrongfully terminated due to your workers’ comp claim, you may have grounds for a retaliatory discharge lawsuit. In South Carolina, the elements you generally must prove are:
- You engaged in a protected activity (filing a claim)
- Your employer took an adverse action against you (termination)
- There was a causal link between the protected activity and the adverse action
Timing, inconsistent rationales, and antagonistic comments from your boss can all help bolster a retaliation case.
Damages in Wrongful Termination Cases
In a successful retaliatory discharge lawsuit, you may be able to recover economic losses like back pay, future earnings, and benefits.
Some cases may also warrant non-economic damages for emotional distress. In egregious situations, courts might even award punitive damages to deter malicious employer conduct. However, these cases are complex, with a heavy burden of proof on the employee. Having an experienced workers’ comp retaliation attorney is essential.
Unemployment Eligibility After Being Fired on Workers’ Comp
Some terminated workers may qualify for unemployment benefits while on workers’ compensation if they are medically able to work in some capacity. South Carolina does disqualify workers who were fired for cause but allows benefits for those laid off for business reasons. Collecting both workers’ compensation and unemployment at the same time is tricky. SC generally reduces unemployment payments by the amount of other benefits like workers’ comp. An employment attorney can advise on the intersection of these programs.
Seek Legal Help
Losing your job is never easy, but it’s especially daunting when you’re already coping with a work injury. While being on workers’ comp does not prevent termination, SC employers cannot legally fire you in retaliation for filing a claim. If you suspect your workers’ comp status influenced your termination, consult an attorney right away. You may still be entitled to ongoing benefits and potential damages.
Understanding your rights is the first step. The experienced Spartanburg workers’ compensation lawyers at McCravy, Newlon, Sturkie & Clardy is here to help injured South Carolina workers protect their livelihoods. Reach out today for a personalized case evaluation.