What to Know About Being Fired or Quitting While on Workers’ Compensation
You’ve realized that you’re likely going to file workers’ compensation, but you’re worried it may cause you to lose your job. Maybe you’ve finally gotten to the other side of your own workers’ compensation case, and now you’re fearful that your employer is going to fire you because of it. Maybe you’ve recently been terminated, and you believe it was due to your workers’ compensation claim. Regardless of the situation, you do have rights in South Carolina to protect your employment after you’ve received your workers’ compensation benefits.
At-Will Employment and Workers’ Compensation
South Carolina is an “at-will” state. This means that your employer can terminate you without specifying a reason. This also means that, as the employee, you can quit with no specific reason, too. That being said, there is such a thing as unlawful termination in South Carolina, and that is what protects you from being terminated due to filing a workers’ compensation claim. Examples of unlawful termination include discrimination and retaliatory termination. Letting an employee go based on race, gender, country of origin, age, or genetics is considered discrimination. Retaliation termination means you’ve been terminated for taking advantage of a protected activity, like reporting illegal or unethical activity or asserting legal rights like workers’ compensation.
Workers’ Compensation in South Carolina
According to South Carolina law (see Title 41-Labor & Employment, chapter 1, section 80 ), an employer cannot discharge or demote an employee who has or has been caused to institute workers’ compensation benefits. Workers’ compensation is considered a protected activity, so if you’re able to prove you were fired while utilizing workers’ compensation benefits, this would be considered retaliatory termination. In order to file retaliation, you must be able to prove that you are engaged in a protected activity, such as receiving workers’ compensation benefits. You also have to prove that your employer took adverse action because of the protected activity. Working with an experienced workers’ compensation attorney can help prove your case.
Your Quitting Options While On Workers’ Compensation
Ultimately, you can quit your job while receiving workers’ compensation benefits. Would it be wise to quit while receiving workers’ compensation benefits? Maybe not. Quitting could cause a negative impact on your benefits and the status of your claim. This could make it difficult to even maintain the claim. If you have reason to quit because of the way your employer is treating you, this is a matter you could discuss with your workers’ compensation attorney. Likewise, if you believe you’ve been terminated unfairly while receiving workers’ compensation benefits, you should consult your workers’ compensation attorney.
Termination While On Workers’ Compensation
According to South Carolina Law, being terminated while receiving workers’ compensation could be considered retaliation. But keep in mind, your employer does have the right to terminate you if you break specific policies, such as engaging in activities at work that could cause harm to yourself, your coworkers, or your employer. If you believe you’ve been terminated without an adequate reason, or you believe it could be due to receiving workers’ compensation benefits, you should talk with your workers’ compensation attorney to discuss your options.
The lawyers at Williams and Kamb are experts in South Carolina workers’ compensation. Schedule an appointment to discuss your rights and potential workers’ compensation benefits.