At Connell Law Firm, we are a family-run practice with deep roots in South Carolina, committed to providing personalized legal representation to individuals and families throughout the state. Since 1993, our attorneys have focused on helping clients who have been injured due to someone else’s negligence. We handle a wide range of cases, including workers’ compensation, personal injury, and civil litigation. We are dedicated to fighting for your rights and ensuring that you receive the compensation you deserve.
Filing a workers’ compensation claim in South Carolina is a legal right for employees who suffer a work-related injury. Still, many workers worry that reporting an injury or requesting benefits will put them at risk for being fired for filing a workers’ compensation claim. This concern is valid, but the law offers clear protections. If you were fired for filing a claim, you may have grounds to take legal action. Understanding your rights under South Carolina law can help you protect your job, your wages, and your future.
In this blog, we explain your legal protections under South Carolina law, what to do if your employer fires you after filing a workers’ compensation claim, common employer defenses, and the remedies you may be entitled to. We also cover how working with an experienced Columbia workers’ compensation lawyer can help protect your rights.
South Carolina Law Protects Injured Workers from Retaliation
Employees who file a workers’ compensation claim in South Carolina have legal protections against being fired or punished for doing so.
Filing a Workers’ Compensation Claim Is a Protected Activity
Under South Carolina law, reporting a work-related injury and filing a workers’ compensation claim is considered a protected activity. This means your employer cannot legally fire, demote, or discipline you in retaliation for asserting your rights. The act of filing for compensation benefits such as medical expenses or lost wages is protected under state law.
South Carolina Code Section 41-1-80 Prohibits Retaliation
South Carolina Code of Laws Section 41-1-80 clearly states that no employer may discharge or demote any employee for filing a claim under the South Carolina Workers’ Compensation Act. If an employer fires or punishes an employee because they filed a claim in good faith, that employer is violating the law. This statute exists to ensure that workers feel safe reporting injuries without fear of losing their job.
Retaliation Can Take Many Forms
Retaliation is not limited to being fired. An employer may violate the law by reducing an employee’s pay, changing their job position, cutting hours, or creating a hostile work environment. Any adverse action taken because an employee filed a workers’ compensation claim could be considered illegal retaliation under South Carolina law.
Employers May Not Use At-Will Employment as a Shield
South Carolina is an at-will employment state, but this does not give employers permission to fire someone for a protected reason. Being fired for filing a workers’ compensation claim is not allowed, even in an at-will job. If an employee can show that their injury report or claim led to an adverse action, they may have a valid legal claim for retaliation.
What to Do If Your Employer Fires You After Filing a Workers’ Compensation Claim
If your employer fires you after you file a workers’ compensation claim, you may have legal options under South Carolina law.
Gather and Preserve Documentation
Start by collecting all records related to your injury and employment. Keep copies of your workers’ compensation claim, medical reports, emails, text messages, and any communication with your employer. If your termination happened soon after filing, this timeline may help support your case.
File a Complaint With the Appropriate Agency
You can file a retaliation complaint with the South Carolina Department of Labor, Licensing, and Regulation or the South Carolina Human Affairs Commission. These agencies investigate claims involving wrongful termination or other adverse actions tied to protected activities like filing a workers’ comp claim.
Contact a Workers’ Compensation Attorney
A workers’ compensation attorney can help evaluate your situation and determine whether your firing was illegal. They will look at the timing of the termination, employer behavior, and the evidence you provide. Legal help is often critical when pursuing potential claims for lost wages, job reinstatement, or other damages.
Stay Within the Statute of Limitations
There are strict deadlines for filing a complaint or taking legal action. In most cases, you must act within three years of the adverse action. If you wait too long, you may lose your right to seek compensation for being fired for filing a workers’ compensation claim.
Common Employer Defenses and How to Counter Them
Employers who fire workers after a workers’ compensation claim often try to justify their actions with common defenses.
Claiming Poor Performance or Misconduct
An employer may argue that the employee was fired due to poor job performance, misconduct, or violation of company policy. To counter this, gather records that show your work history, performance reviews, or any recognition you received. If you had no documented problems before filing the claim, this may support your case.
Saying the Firing Was Unrelated to the Claim
Another common defense is that the termination was not connected to the workers’ compensation claim. Employers may say the decision was made before the injury or was part of a larger restructuring. You can respond by showing the timing of events and any comments or actions that suggest the real reason was your claim.
Using At-Will Employment as a Defense
In South Carolina, most jobs are at-will, but that does not allow firing for illegal reasons. If your employer relies on at-will employment as a defense, your response should focus on showing that the firing was linked to your protected activity, such as filing a claim for a work-related injury.
How a Workers’ Compensation Attorney Can Help
A workers’ compensation attorney can review your case and help challenge false or misleading employer claims. They know how to collect the right evidence, work with medical documentation, and deal with the insurance company. Legal support makes it easier to prove retaliation and pursue your rightful compensation.
Remedies for Retaliation Under South Carolina Law
If you were fired for filing a workers’ compensation claim, South Carolina law may allow you to recover compensation and other remedies.
Reinstatement to Your Job
One possible remedy is getting your job back. If a court or agency finds that your employer violated the law, they may order your reinstatement. This means you return to the same or similar position with the same pay and benefits.
Back Pay and Lost Wages
You may be entitled to back pay, which includes the wages you would have earned if you had not been fired. This can also include lost benefits such as health insurance coverage and retirement contributions. Keeping records of your pay and job status helps support this claim.
Compensation for Emotional Distress
In some cases, retaliation causes more than financial loss. If you suffered emotional distress due to being wrongfully fired, the law may allow for additional compensation. Courts consider the stress, anxiety, and harm to your reputation caused by the employer’s actions.
Punitive Damages in Serious Cases
If the employer acted with clear intent to punish or harm you, a court may award punitive damages. These are meant to punish the employer and deter similar actions in the future. Punitive damages are not guaranteed but may apply in severe cases.
Act Before the Deadline
Legal claims for retaliation must be filed within a specific time limit. In South Carolina, the statute of limitations is generally three years from the date of termination. If you miss this deadline, you may lose the chance to recover your damages.
Consult With an Experienced Columbia Workers’ Compensation Lawyer ASAP!
If you believe you were fired for filing a workers’ compensation claim, do not wait to get legal help. Our team at Connell Law Firm is ready to review your case, protect your rights, and help you pursue the compensation you deserve.
Contact us at [phone] for a free claim review today!