Injured on the Job? Too ‘Job Scared’ to File a Workers’ Compensation Claim?
Many times we see potential clients fail to follow through with a Workers’ Compensation claim because they are “job scared.” Some of the individuals may have a promising but new career with their employer, other times the individual has been employed with the same company for 20+ years and fear losing a good job. If you have been injured on the job and are job scared, please read this before deciding NOT to pursue a Workers’ Compensation claim.
It is illegal in South Carolina for an employer to fire an employee for initiating a Workers’ Compensation claim. S.C. Code Ann. § 41-1-80 states:
“no employer may discharge or demote any employee because the employee has instituted [in good faith]. . .” a Workers’ Compensation claim.
If you are legitimately injured while on the job and file a Workers’ Compensation claim against your employer, your employer can not terminate you for that reason.
However, the law cited above does state that while you are pursuing a claim, your employer can fire you for other reasons, most commonly:
- a) intoxication on the job;
- b) destruction of the employer’s property;
- c) habitual tardiness or absence from work;
- d) failure to meet established employer work standards;
- e) malingering; or
- f) embezzlement.
If you do decide to pursue a Workers’ Compensation claim, while still working, we inform our clients to ALWAYS report to work on time and stay on their best behavior while on the clock. If your employer is attempting to fire you while under a Workers’ Compensation claim, they will try and find a justifiable reason to terminate you that is unrelated to your job injury.
If you are injured on the job but afraid of being terminated for pursuing your rights under the South Carolina Workers’ Compensation laws, it is always advisable to speak with an attorney first. We offer free consultations, so do not hesitate to call Ernie Trammell or Roy Trammell at the Trammell & Mills Law Firm, LLC located in upstate South Carolina as soon as possible after your work injury.
THIS ARTICLE WAS WRITTEN BY ROY TRAMMELL, a Workers’ Compensation attorney
Call and let Roy handle your case today, 864-231-7171 or trammellandmills.com