What Happens If You’re Fired After Filing a Workers’ Compensation Claim in South Carolina?

If you were fired after filing a workers’ compensation claim, you may have legal protections under South Carolina law. An employer generally cannot discharge or demote you because you filed a workers’ compensation proceeding in good faith. However, being fired while receiving workers’ compensation does not automatically prove retaliation.

The key question is why you were fired.

South Carolina Code Section 41-1-80 prohibits an employer from discharging or demoting an employee because the employee instituted or caused to be instituted, in good faith, a proceeding under South Carolina’s Workers’ Compensation Law. An employee may pursue a civil action for lost wages and, in qualifying circumstances, reinstatement.

Can You Be Fired for Filing a Workers’ Compensation Claim?

No, an employer cannot legally fire or demote an employee because the employee filed a workers’ compensation claim in good faith. South Carolina law specifically protects employees from this type of retaliation.

This protection does not mean every termination following a workers’ comp claim is illegal.

An employer may still have a legitimate, unrelated reason for ending employment. For example, the law identifies potential defenses involving issues such as willful or habitual absence, workplace misconduct, failure to meet established work standards, malingering, theft, or violation of certain written company policies.

That distinction matters.

What Happens to Your Workers’ Comp Benefits If You Lose Your Job?

Losing your job does not automatically eliminate your workers’ compensation rights. Your entitlement to benefits depends on the circumstances of your injury, your medical condition, your ability to work, and the status of your claim.

South Carolina workers’ compensation benefits can include:

• Medical benefits: Reasonably necessary medical treatment related to the work injury.
• Lost wage benefits: Temporary disability benefits may be available when the injury prevents you from working.
• Permanent disability benefits: Certain injuries may qualify for permanent disability or disfigurement compensation.
• Future medical care: Depending on the settlement and circumstances, future medical treatment may remain part of the claim.

The South Carolina Workers’ Compensation Commission explains that workers’ compensation provides medical benefits, lost wages, and permanent disability benefits. It also states that workers’ compensation does not provide recovery for pain and suffering.

Can Your Employer Fire You While You Are Still Injured?

Yes, an employee can lose a job while still injured, but the termination cannot be based on the employee’s good-faith workers’ compensation proceeding.

For example, a company-wide reduction in force may affect an injured employee and other employees alike. Likewise, an employer may assert a legitimate reason unrelated to the workers’ comp claim.

The timing of a termination can matter, but timing alone does not establish retaliation.

Look at the surrounding facts.

Warning Signs of Possible Workers’ Comp Retaliation

Certain circumstances may justify taking a closer look at whether your termination was retaliatory:

• Sudden change in treatment: Your employer becomes hostile after learning about your injury or claim.
• Negative comments: A supervisor makes statements criticizing you for filing a claim.
• Unusual timing: Termination occurs shortly after you report your injury or pursue benefits.
• Inconsistent discipline: Other employees are treated differently for similar conduct.
• Changing explanations: Your employer gives different reasons for the termination.
• Strong prior performance: Your employment record was positive before your workplace injury.

These facts do not automatically establish a retaliation claim. They can, however, become important evidence when an attorney evaluates your case.

What Should You Do If You Are Fired After Filing a Workers’ Comp Claim?

Document what happened and protect your workers’ compensation claim before signing anything or agreeing to a settlement.

1. Save Your Employment Records

Keep copies of performance reviews, disciplinary notices, termination documents, emails, text messages, schedules, and other communications related to your employment.

2. Continue Your Medical Treatment

Follow your authorized treatment plan and attend scheduled appointments. South Carolina workers’ compensation rules place importance on medical evidence when determining entitlement to benefits.

3. Report Changes to Your Attorney

Tell your workers compensation injury attorney about your termination as soon as possible. Provide the date of termination, the reason your employer gave you, and any communications surrounding the decision.

4. Do Not Assume Your Claim Is Over

Your employment status and your workers’ compensation claim are separate issues. If benefits are denied, stopped, or disputed, South Carolina provides procedures for requesting a hearing before the Workers’ Compensation Commission.

5. Be Careful With Settlement Documents

If you are settling with workers compensation, understand exactly what the settlement resolves before signing.

The South Carolina Workers’ Compensation Commission explains that settlements can differ in how they address future medical care. One type may preserve an opportunity for additional medical treatment under certain circumstances, while another can finally resolve the claim, including future medical care.

What If Your Workers’ Comp Benefits Are Stopped?

A termination of workers’ compensation payments is different from termination of employment. South Carolina law establishes procedures for disputing certain interruptions of temporary compensation. If temporary compensation is terminated within the first 150 days after notice of the injury, an injured worker may request a hearing using the applicable Form 15 procedure.

The Workers’ Compensation Commission states that an injured worker may request a hearing when the employer’s representative has denied a claim or the worker believes they are not receiving all benefits to which they are entitled.

Do not ignore a notice that your benefits have been stopped. Deadlines and procedural requirements can affect your rights.

What If You Want to Fire or Change Your Workers’ Comp Attorney?

If you are unhappy with your current representation, you may have options for changing attorneys, but you should understand how the change could affect your claim and attorney fees before taking action.

The question “What happens if you fire your workers’ comp attorney?” is different from being fired by your employer.

Before changing lawyers, consider:

• Communication: Is your attorney keeping you informed?
• Strategy: Do you understand the plan for your claim?
• Settlement: Are you being asked to settle without understanding the terms?
• Deadlines: Are important filings or hearings approaching?
• Fees: Could changing representation affect attorney fees or costs?

A new workers compensation attorney can review your case and explain your options before you make a decision.

When Should You Contact a Workers’ Compensation Attorney?

Speak with a workers’ compensation attorney promptly if you believe your employer fired you because you filed a claim, stopped your benefits, denied your injury, or pressured you to settle.

An attorney can review the timeline and evidence surrounding your injury, claim, medical treatment, employment, and termination.

That review may include:

• Your workers’ comp claim
• Medical records
• Employment records
• Employer communications
• Disciplinary history
• Termination documents
• Workers’ compensation benefit records
• Potential settlement documents

South Carolina workers’ compensation claims can involve strict deadlines and specific Commission procedures. The Commission states that an injured worker generally must file a claim within two years after the accident to protect the right to compensation, subject to applicable exceptions.

Protect Your Rights After a Workplace Injury

A workers’ compensation claim can become more complicated when you lose your job during the process. The important question is whether your employer had a legitimate reason for the termination or whether the decision was connected to your workers’ compensation rights.

If you were fired after filing a workers’ comp claim in South Carolina, do not assume you have lost your benefits or that you have no legal options. A qualified workers’ compensation attorney can review the facts, explain your rights, and help determine the appropriate next step.

Bailey Law Firm, helps injured workers understand their rights and navigate workers’ compensation disputes in South Carolina. If you believe you were retaliated against after filing a work claim, contact the firm to discuss your situation.

Disclaimer: This article provides general information about South Carolina workers’ compensation law and is not legal advice. Because every workers’ compensation and employment situation is different, consult a qualified South Carolina attorney about your specific circumstances.