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Can You Be Fired for Filing a Workers’ Comp Claim? The short answer: No. South Carolina law makes it illegal for an employer to fire you just because you filed a workers’ comp claim. That would be considered retaliation. Workers have a legal right to seek benefits if they’re injured while doing their job.

If your employer terminates you solely for filing, you may have a claim for wrongful termination in violation of public policy.

But Can You Still Lose Your Job While on Workers’ Comp?

Here’s where things get tricky. While your boss cannot fire you because of your claim, that doesn’t mean your job is guaranteed forever. Employers can still make business decisions that affect your position.

You might be let go if:

• The company has layoffs unrelated to your injury
• Your doctor restricts you from working, and the employer cannot hold your position open
• You can’t perform your job duties even with restrictions
• You broke workplace rules not connected to your claim

This is frustrating, but it happens. The key difference is whether the firing was legal or illegal.

What If You’re Fired While Still Injured?

Even if you lose your job, you may still be entitled to workers’ comp benefits. These include:

• Medical treatment for your injury
• Lost wage benefits if you cannot work because of the injury
• Permanent disability benefits if your injury has lasting effects

Your benefits don’t stop just because you’re no longer employed. Workers’ comp is about your injury, not your job status.

Signs You May Have Been Fired in Retaliation

It’s not always clear why an employer lets someone go. Some red flags that it may have been retaliation include:

• You had good performance reviews before your injury
• The firing happened right after you filed your claim
• Your employer made negative comments about your claim
• Other employees with similar job performance were not fired

If you notice these signs, you should speak with an attorney right away.

What You Can Do If You’re Fired After Filing

1. Document everything. Keep emails, write down dates of conversations, and save any performance records.
2. Keep medical appointments. Follow your doctor’s orders to show you’re taking recovery seriously.
3. Talk to a workers’ comp lawyer. An attorney can help figure out if your firing was legal or retaliation. They can also make sure you keep getting the benefits you’re owed.

Why Having a Lawyer Helps

Workers’ comp law in South Carolina is not always straightforward. Employers and insurance companies know the rules well, and they may use that to their advantage. A lawyer can:

• Protect your right to benefits
• Investigate if your firing was illegal
• Help you file a wrongful termination claim if needed
• Guide you through settlement talks if your injury leaves you unable to return to your old job

Bottom Line

You cannot be fired just for filing a workers’ comp claim in South Carolina. But you can still lose your job for other reasons. If you are fired after filing, you may still qualify for benefits, and you may also have a wrongful termination case if your employer’s true reason was retaliation.

If you’re worried about your rights after an injury at work, talk to a lawyer who focuses on workers’ comp in South Carolina. The sooner you get help, the better your chances of protecting your benefits and your future.

Disclaimer – This blog is for informational purposes only and does not provide legal advice. Workers’ compensation laws can vary based on your specific situation. For legal help, contact a licensed attorney in South Carolina.