Can My Employer Fire Me While I Am On Workers’ Compensation?

According to South Carolina Code of Laws § 41-1-80, you cannot be fired for filing a workers’ compensation claim, being awarded workers’ compensation benefits, or because you have or will testify in a workers’ compensation hearing for yourself or another employee.

It is equally illegal to demote you for these same reasons. It might be considered an act of retaliation, and a workers’ compensation lawyer might be able to help you seek financial compensation.

When an Employer Can Fire You

Under certain circumstances, your employer may have the ability to terminate your employment. Those include:

• Intoxication
• Property theft
• Policy violation
• Embezzlement
• Chronic lateness
• Chronic absence
• Property damage
• Failure to perform
• Disorderly conduct

If you were fired in retaliation for seeking or obtaining workers’ compensation or for participating in an investigation in Greenville, our team may be able to take action on your behalf.

Understand the Benefits You are Entitled to Receive

When you apply for workers’ compensation benefits, it can be easier to plan for your short-term and long-term financial future if you understand the relief you can expect to receive. According to South Carolina Workers’ Compensation Commission guidelines, your benefits may include:

• Required medical care to treat your injuries
• 66 2/3% of your weekly salary for temporary disabilities
• Lost earning capacity if you are permanently disabled
• Compensation for visible and lasting scarring
• Travel expenses to and from medical appointments

The number of days you miss from work plays a role in your claim. In addition, the benefits you receive may depend on variables such as whether or not your disability is full or partial and whether or not you can be reassigned to light duty. Our case assessment team can help you understand the specific range of benefits you may be entitled to receive.

Benefits of Hiring a Workers’ Compensation Lawyer

According to South Carolina Bar guidelines, if you are hurt at work or suffer from a workplace illness, your employer may be responsible for your temporary or permanent compensation. While you cope with your injuries and recovery, our workers’ compensation lawyers may:

• Help you understand and apply for worker’s compensation benefits
• Compile and organize medical and compensation evidence
• Represent you in interviews, hearings, depositions, and mediation
• Conduct an investigation into your workplace accident or injuries
• Guide you through the appeals process if your initial claim is denied

The workers’ compensation application process can be complex. It might also add to the stress and anxiety of a workplace injury and concern about future employment. A member of our team might be able to help you determine your next steps toward getting the compensation you deserve.

Your Claim Might Require Mediation

South Carolina Workers’ Compensation Commission uses the mediation process to resolve certain claim disputes. According to their guidelines, you may be required to mediate your claim if a Commissioner orders mediation or:

• You are claiming a permanent disability.
• Your claim involves an occupational disease.
• Your claim involves a contested death.
• Your claim involves a mental injury.
• You have cases involving multiple jurisdictions.
• Both you and your employer request mediation.

Whether your case is being mediated by order of the Commissioner or at your request, you are entitled to have legal representation. If your workers’ compensation claim is being disputed, our team may help you resolve it during the mediation.

How the Mediation Process Works

According to South Carolina Workers’ Compensation Commission guidelines, if both parties cannot agree on a mediator, one will be appointed. During the mediation process, they will review your case with each party presenting their side. The mediator should:

• Listen impartially to each side
• Facilitate discussion of resolutions
• Foster an agreement

You are required to complete the mediation process within 60 days unless both parties agree on an alternate timeline. If mediation is unsuccessful and an agreement cannot be reached, your claim will proceed to a hearing with a Commissioner.

Get Help from a Workers’ Compensation Lawyer on Our Team

If you were injured or became ill at work, you may be entitled to compensation. We help injured workers get the compensation they deserve, even when their employers dispute their claims.

Our Google reviews speak to our commitment to treating you like family. Our firm’s goal is to ensure you get the attention to detail you expect from a small firm feel with big firm experience.

Learn more about your options if your employer fired you while you were on workers’ compensation by contacting the case review team at Hammack Law Firm. Call (864) 326-3333(864) 326-3333 today to see how we fight for the compassion and dignity of injured workers.