Unfortunately, workplace accidents remain a serious area of concern in South Carolina. The Bureau of Labor Statistics (BLS) reports that around 30,000 people in the state are required to miss time at work each year due to a job-related injury or a job-related illness. If you were hurt on the job in South Carolina, you have the right to file for no-fault workers’ comp benefits. Workers’ comp allows you to take the time you need to recover. This raises an important question: Can you lose your job while on workers’ comp? The short answer is that you cannot be fired or laid off because you filed for workers’ compensation. However, you could lose your job for another legitimate reason. Here, our Lexington workers’ comp attorney explains the law in more detail.
You Have the Right to File for Workers’ Comp in South Carolina (No-Fault Benefits)
As a starting point, you must know your rights. In South Carolina, virtually all employees are covered by no-fault workers’ compensation insurance. If you are hurt on the job, you have the right to file for benefits. Workers’ comp benefits in South Carolina are no-fault benefits. That means that you do not have to prove that your employer was “negligent” to get workers’ comp. Instead, you merely need to prove that your injury arose out of and was within the course and scope of your employment.
South Carolina Law: Workers’ Comp Protections Against Retaliation
South Carolina law provides strong protections against retaliation for employees who file a workers’ compensation claim. Under South Carolina law (SC Code § 41-1-80), “no employer may discharge or demote any employee because the employee has instituted or caused to be instituted, in good faith, any proceeding under the South Carolina Workers’ Compensation Law.” In other words, it is illegal for a company or organization to fire, demote, or otherwise retaliate against an employee for exercising their right to seek workers’ compensation benefits. It is a legal protection that exists to help ensure that you can seek your benefits without stress.
Can You Be Laid Off While on Workers’ Comp?
Technically, yes. An employer could lay off a worker while he or she is still on workers’ comp.
However, they cannot legally lay off a worker because he or she is receiving workers’ comp. Their workers’ comp status cannot be a factor—even a partial one—in the decision. It is only legal for a company to lay off a worker on workers’ comp if that layoff would have occurred regardless of the workplace accident.
What Happens if I Lose My Job While on Workers’ Comp?
In South Carolina, losing your job while receiving workers’ compensation benefits does not automatically terminate those benefits. Workers’ compensation is designed to cover medical expenses and a portion of lost wages resulting from work-related injuries, regardless of your employment status. Therefore, if you are terminated for reasons unrelated to your injury, such as company restructuring or performance issues, you should continue to receive your workers’ compensation benefits as long as you remain eligible. Of course, when you are ready to return to the workplace, you will need to find new employment.
Why Trust the South Carolina Workers’ Comp Lawyers at Smith & Jones Law
South Carolina workers’ comp laws are complicated. It is normal to have a lot of questions about your rights and your options. At Smith & Jones Law, LLC, we fight for the rights of workers and their families, not for businesses and their insurance companies. Our case results tell the story of what we can do for people who were hurt on the job in South Carolina. An initial consultation with our South Carolina workers’ comp attorney is free and confidential.
Get Help From Our South Carolina Workers’ Comp Lawyer Today
At Smith & Jones Law, LLC, our South Carolina workers’ comp attorneys have the experience you can trust. Have questions about a workers’ comp retaliation case? We are more than ready to help. Call us now or contact us online for a free, fully private case review. With offices in Lexington and Mauldin, we handle workers’ comp cases all across the wider region in South Carolina.