Ronald J. Jebaily
Ronald J. Jebaily
291 W. Evans Street
Florence, South Carolina 29501
Phone: 843-667-0400

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1-800-868-0400

Fighting for South Carolina Injury Victims for Over 50 Years

Can I Be Fired for Filing A Workers’ Compensation Claim in South Carolina?

Our workers comp lawyers in Florence, SC answers if an employee can i be fired for filing a workers’ compensation claim in South Carolina.

On-the-job injuries are common. They can occur in a variety of different occupations. Thousands of employees are killed each year in these types of accidents. Millions more suffer serious and often disabling injuries.

When you have been injured at work, workers’ compensation benefits can often provide a safety net in terms of getting the medical care you need as well as helping you to continue to provide for your family during your recovery. Many employees who get hurt on the job have concerns about how their claim could affect their employment. The last thing an injured worker needs to face is the loss of his or her job.

Section 41-1-80 of the South Carolina Code of Law provides that “[n]o employer may discharge or demote any employee because the employee instituted or caused to be instituted, in good faith, any proceeding under the South Carolina Workers’ Compensation Law.” In reality, the interaction between workers’ compensation and your employment is not that simple.

Understanding the types of benefits offered through the state workers’ compensation program, and how they affect your employment, may require the help of an experienced workers’ compensation attorney.

While an employee is recovering from a work-related injury, the employer must either provide work that complies with the assigned medical provider’s work restrictions or pay the employee temporary total disability benefits.

Some employers do attempt to fire an injured worker due to the inability to perform the demands of the job or lack of available positions. For this reason, it is important to contact an experienced workers’ compensation attorney immediately after you have been injured. You need to ensure your rights are protected, and that you get all the benefits that are provided under the law.

Work-Related Accidents

According to an October 2015 news release on work-related injuries from the Bureau of Labor Statistics, nearly three million people were hurt on the job in 2014. These injuries occurred across a variety of different fields and areas of employment. More than half of the reported injuries were severe enough to require days away from work and affected the workers’ ability to perform his or her job functions.

If you have been involved in a work-related accident, it is important to know the steps to take in filing for worker’s compensation benefits. The South Carolina Workers’ Compensation Commission recommends injured workers do the following:

  • Report your injuries to your manager or supervisor immediately. Ask to complete an incident or accident report and keep a copy for your personal records.
  • Request your employer to send you to a doctor or the emergency room at your local hospital for treatment of your injuries. Your employer or its workers’ compensation insurance company has the right to choose where to send you.
  • Make sure your employer files a workers’ compensation claim on your behalf. If your employer fails to file a claim for you, then you should file a claim requesting benefits for yourself or seek the assistance of an attorney.

If your claim for benefits is disputed or denied, you can request a workers’ compensation hearing as provided by the South Carolina Workers’ Compensation Commission.

You should make sure to follow your assigned doctor’s instructions in terms of treatment recommendations and restrictions on physical activities. Each time you see your assigned medical provider, obtain a work status and restrictions report and take a copy to your employer.

Contact Our Florence Workers’ Compensation Lawyers for Help

If you have suffered an on-the-job injury, you likely are dealing with worry about your medical treatment, lost wages and even permanent disability. Get the legal help you need and contact Jebaily Law Firm today. Our experienced South Carolina workers’ compensation attorneys provide aggressive legal representation to assist injured workers in getting the compensation they deserve. Serving Florence County and the surrounding areas, the attorneys at the Jebaily Law Firm are ready to help you with your case.