You have the right to receive workers’ compensation benefits, if you were injured or became ill on the job. The law in South Carolina protects you after an accident, and you cannot be fired for filing a workers’ compensation claim. However, some employers might retaliate against employees for filing workers’ compensation claims, a practice that is not legal, and could lead to an employment lawsuit against the company.
Almost every state across the United States, including South Carolina, utilizes “at-will” employment contracts. This type of contract specifies that you as the employee can end your work contract at any time for any reason. However, this also applies to your employer, which means they do not have to give cause or provide a reason for your termination. Although this type of contract can benefit both the employer and the employee, because there is no specified term of service, your employer may also use this contract to their advantage.
Even though South Carolina is a work at-will state, if your employer fires you because you file for workers’ compensation they are in violation of the law. You may also not get fired while on workers’ compensation for reasons that are linked to your injury case. There are many legitimate reasons that an employer may decide to fire an employee. However, if they make this decision because of a workers’ compensation claim, this choice indicates that they are ignoring safety concerns and punishing people who speak out against them.
If your employer decided to terminate your contract after your workers’ compensation claim, it is important to question their decision and ask for documentation. Your employer should be able provide documentation of their concerns, such as employee misconduct reports, identified violations of company policy, or records of financial distress within the company. If your employer cannot or refuses to provide this type of information, their termination of your contract may not be justified.
When you file for workers’ compensation you should not have to fear for the future of your job. Firing an employee because of a workers’ compensation claim is considered retaliation. Under South Carolina law, employers face serious consequences for this type of wrongful termination, and you have the right to fight back. Although this may be a difficult battle to face, especially after a serious injury, you and your loved ones need appropriate compensation, without the fear of retribution.
Starting a workers’ compensation claim can be stressful and difficult, but you require protection and compensation after a work-related injury. The attorneys at Hammack Law Firm are ready to fight on your behalf, to ensure that you receive the benefits you’re entitled to after a workplace accident. When you work with Hammack Law Firm you will never have to fear retribution from your employer for your workers’ compensation claim. Contact Hammack Law Firm at (864) 766-7108 to discuss the specifics of your situation today, and let us help you get the benefits you need to get treatment and get back on your feet.
Our Client Bill of Rights offers a 30-day unconditional satisfaction guarantee —no costs and no fees. We serve our Greenville clients in all areas of personal injury, including auto and motorcycle accidents, truck accidents, and boating accidents.
To get started with our Greenville personal injury law firm, please simply contact us online or call (864) 766-7108 for a free consultation.
With over 25 years of legal experience, Paul Hammack provides his clients with a level of trial expertise and strategic insight rarely found in personal injury litigation. Having spent the first eight years of his career working within major insurance defense firms across Georgia and South Carolina, Paul gained an intimate understanding of the “other side’s” playbook. This insurance industry background serves as a unique differentiator for his clients; he knows exactly how insurance carriers evaluate risk and what motivates them to pay top dollar for a claim.
In 2008, Paul founded Hammack Law Firm to move away from the “plaintiff mill” model and focus on building personal relationships with those he represents. As a seasoned litigator, he has tried dozens of first-chair cases to verdict, specializing in high-stakes litigation involving catastrophic injuries and complex truck accidents. His dual-state practice allows him to provide aggressive representation across both South Carolina and Georgia, ensuring victims of negligence receive the maximum financial compensation possible regardless of which side of the state line the accident occurred.
Paul’s commitment to excellence is reflected in his record of significant achievements, including a $10 million tractor-trailer wrongful death settlement and a $3.9 million moped-versus-truck recovery. His credentials and bar admissions in both South Carolina and Georgia underscore his deep roots in the regional legal community. Beyond the courtroom, Paul is a dedicated advocate for his local community, contributing his time and resources to organizations such as the United Way, Red Cross, and Hands On Greenville, all while working to make South Carolina a safer place for everyone.
