Hurt on the job? If you are covered by workers’ comp insurance, you have the right to seek no-fault benefits under the South Carolina Workers’ Compensation Act. It is your right to file for workers’ comp as a person who was covered. This raises an important question: What happens if I get fired while on workers’ comp? The short answer is that you will continue to receive your benefits. Further, you may have a claim for unlawful retaliation if you were terminated because you filed for workers’ compensation. Here, our Columbia workers’ compensation lawyer explains what happens if you get fired while you are receiving benefits in South Carolina.
Starting Point: Termination Does Not Automatically End Workers’ Compensation Benefits
Already on workers’ comp? You will not lose your benefits if you get fired or otherwise terminated. Under the South Carolina Workers’ Compensation Act, eligibility for benefits depends on a compensable workplace injury, not continued employment status. If you were hurt in the course and scope of your employment and your claim was accepted or ordered by the South Carolina Workers’ Compensation Commission, your right to medical treatment and indemnity benefits does not vanish simply because your employer terminates you. Here are key points to know:
- Medical Care: Medical benefits remain available so long as treatment is reasonably necessary and causally related to the work injury.
- Wage Loss: Along the same lines, temporary total disability or temporary partial disability benefits continue if you remain medically restricted and unable to earn wages at your pre-injury level.
Takeaway: A workers’ comp insurance carrier may not cut off benefits solely because your employment relationship ends.
Know the Law in SC: What Happens if You Get Fired While on Workers’ Comp?
“Can I be fired while on workers’ comp?” is a question that many injured workers in South Carolina want answered. The simple reality is that you could be fired, but not because you filed for workers’ compensation benefits. South Carolina follows the doctrine of at-will employment. An employer may generally terminate an employee for any lawful reason or for no reason at all.
However, termination in retaliation for filing a workers’ compensation claim violates South Carolina law. The statute expressly prohibits an employer from discharging or demoting an employee because the employee instituted or caused to be instituted a workers’ compensation proceeding. To prevail on a retaliation claim, the injured worker must prove a causal connection between the protected activity and the adverse employment action.
Tip: If you were fired or laid off while on workers’ comp in South Carolina and you believe that your rights were violated, consult with a Columbia workers’ comp lawyer right away. You may be able to recover additional compensation through a retaliation claim.
A Deeper Overview of the Impact on Temporary Disability and Wage Replacement Benefits
Termination can complicate wage replacement benefits, particularly if the employer argues that post-termination wage loss is unrelated to the injury. South Carolina law requires proof that ongoing disability continues to affect earning capacity. If the authorized treating physician maintains work restrictions that prevent a return to suitable employment, temporary total disability benefits typically continue. With that being said, if the employer asserts that suitable light-duty work was available and the employee refused it without justification, the carrier may seek to suspend benefits. The burden then shifts to the injured worker to demonstrate that the offered job was not within medical restrictions or did not constitute bona fide employment. Medical evidence is key for these types of cases.
Practical Steps to Protect Your Rights After Termination
If you are terminated while receiving workers’ compensation benefits in Columbia, you need to take a proactive approach to protect your rights. Here are some practical steps to take after termination:
- Gather Your Employment Records: Documentation is key. You should obtain your termination notice, personnel file, disciplinary history, wage records, and written job descriptions. South Carolina law does not require an employer to volunteer favorable documentation later. You should preserve emails, text messages, and internal communications referencing your injury or claim.
- Get Written Clarification of the Reason for Termination: With the help of a Columbia, SC workers’ comp lawyer, you may want to ask your employer to state the basis for separation in writing. Inconsistent explanations can support a retaliation claim. A documented rationale also narrows the factual dispute.
- Continue Strict Compliance With Medical Treatment: Your health safety remains the top priority. Do not cut off your medical care. You should attend all authorized medical appointments and follow work restrictions precisely. Insurers frequently argue that post-termination wage loss stems from noncompliance rather than disability.
- Be Sure to Monitor Benefit Payments and File Prompt Objections if Suspended: If the insurance carrier attempts to suspend or reduce benefits, review the Form 15 or other filings carefully. You have the right to request a hearing before the Commission.
- Consider a Workers’ Comp Retaliation Claim: Remember your rights under the law. Termination because you filed for workers’ compensation violates South Carolina law. A retaliation action proceeds independently from the benefits claim and may allow recovery of lost wages and other damages.
How Our Columbia, SC Workers’ Comp Attorney Can Help
Dealing with the aftermath of a bad workplace injury is complicated. That is especially true if you are fired, laid off, or otherwise terminated while you are getting workers’ compensation benefits. At McCravy, Newlon & Clardy Law Firm P.A., we are a law firm that puts injured workers first. Our client testimonials and our history of case results tell the story of what we can do for injured workers. Do not go it alone: Consult with our Columbia workers’ comp lawyer right away.
Contact Our Columbia Workers’ Comp Lawyer for a Free Consultation
At McCravy, Newlon & Clardy Law Firm P.A., our Columbia workers’ comp attorney is a compassionate, experienced advocate for victims. If you were fired while on workers’ comp insurance, we can help. Contact us today to set up a free, no obligation initial case review. We handle workers’ comp claims in Columbia and throughout the region, including in the zip codes of 29221, 29223, 29224, 29225, 29226, 29227, 29228, 29229, and 29230.