Were You Fired for Filing a Workers’ Comp Claim?

Were you fired for filing a workers’ comp claim?

The U.S. Bureau of Labor Statistics reported that over 30.000 workers got hurt on the job in South Carolina in 2021, and many of those injuries required the workers to rely on workers’ compensation. Workers’ compensation laws provide for medical care and compensation for lost wages while you recover. However, what happens if your employer retaliates by firing you for filing a claim?

Unfortunately, such situations do occur, leaving employees distressed and uncertain about their future. It is important to understand that the law is on your side. If your South Carolina employer fires you for filing a workers’ compensation claim, there are steps you can take to defend your rights.

Understand your rights under South Carolina law

In South Carolina, it is illegal for an employer to fire an employee for filing a workers’ compensation claim. This protection comes under the South Carolina Workers’ Compensation Act. Therefore, if your employer has let you go because you filed a claim, they are breaking the law.

Document the termination

Documentation is the best evidence in situations where you need to prove your employer’s unlawful actions. Make sure you save any correspondence related to your firing. These documents might include termination letters, emails or even text messages. They can provide vital evidence if you need to defend your rights.

File a wrongful termination complaint

If you believe your employer fired you because you filed a workers’ compensation claim, you should file a wrongful termination complaint. You can do this with the South Carolina Department of Labor, Licensing and Regulation. The department will investigate your complaint and can take action against your employer if they find law violations.

Your employer’s decision to fire you for filing a workers’ compensation claim is not only unjust but also illegal. By understanding your rights, you can stand up for your rights.