Can an Employee on South Carolina Workers’ Compensation Be Terminated?

Written by John D. Hawkins on . Posted in .

After a serious work accident, it can feel like your job is on the line. You’re unable to work, so why should they keep you on the payroll? Many workers are concerned that they could lose their jobs for reporting a work accident. That’s especially true if the workplace is unsafe and not up to standard. 

Can you, as an employee, on South Carolina workers comp be terminated? If you’re concerned about keeping your job and your benefits, the following is what you need to know about your workers comp situation. 

You Can’t Be Fired for Filing a Claim

First, your rights as an employee protect you from being fired for filing a claim. South Carolina may be a right-to-work state, which means employers can fire at will, but that doesn’t extend to workers comp claims.

If you file a workers comp claim and your employer tries to fire you, talk to your workers comp lawyer—you may be able to file a lawsuit against your employer. 

South Carolina works to ensure that employees are safe from retaliation. However, that protection mainly extends to your workers comp benefits. If you’re unable to work for some time, you may not be guaranteed a job when you’re well. 

If this is your case, your benefits won’t be discontinued, but you may need to consider other employment options if your injuries are temporary and you weren’t fired because of your injuries. 

Protecting Your Benefits if Your Employment Ends

If your employer decides your job is no longer available, or if you’re fired due to other reasons while on light duty, you may need to talk to your workers comp lawyer. You should still be eligible for benefits, but you may need to fight for those benefits should your employment be terminated. 

For example, you may still be due workers compensation after your accident, and your medical bills still need to be covered. Even if you’re fired, your medical bills should still be covered. If you were fired, your South Carolina work comp lawyer may represent you in a hearing about the remaining costs of your physical recovery. 

Protect Your SC Workers Comp Rights with a Lawyer

When you’re hurt in a work accident, it can be difficult to protect your rights as a worker. You’re hurt, which makes it more difficult to put your energy toward fighting for your workers comp benefits. 

You may need a lawyer from HawkLaw, PA to fight for you. Our attorneys understand the difficulties you’re experiencing, and they can help you get compensated for your on-the-job injuries if you’re concerned about your employment being terminated while on South Carolina workers compensation. 

To learn more about your options, reach out to our lawyers for a free consultation*. We can discuss your workers comp benefits and help you get the full benefits you need. We can also help you fight if your employer is trying to make an illegal move. Give us a call at 1-888-HAWK-LAW (429-5529) or complete the following online form to get help with your workers comp benefits. 

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Written By John D. Hawkins


John David Hawkins is the Founder and Owner of HawkLaw. He has been licensed to practice law in South Carolina since his graduation in 1994 from the University of South Carolina School of Law. Focusing on litigation, Mr. Hawkins is experienced handling Worker’s Compensation, Personal Injury, Social Security Disability, Administrative Law, and Criminal Law matters.

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