Can My Employer Fire Me for Filing a Workers’ Compensation Claim?
September 22, 2016 – Paul Hammack
The short answer is no, but it is not that simple. You may have heard that South Carolina is an “at will” employment state. This means that in most situations, an employer can discharge an employee for any reason – or for no reason at all.
However, according to § 41-1-80 of the South Carolina Code of Laws, it is illegal for an employer to “discharge or demote” an employee for filing a workers’ compensation claim. This law not only protects injured workers from financial hardship, but it also encourages safer working environments by making employees feel comfortable reporting injuries. Some bad apple employers will fire an employee for filing a workers’ compensation claim, but they do so at their own risk.
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