Your Employer Can’t “Punish” You for a Work Injury

South Carolina Law is on your side, just ask the attorneys at The Strom Law Firm, LLC.

As an injured worker, you may fear that your employer may retaliate against you for filing and seeking compensation for a workers’ compensation claim. Employees also worry about cooperating in the investigation of and/or testifying in support of an injured co-worker.

In most states, employees have a legal right to be protected from workers’ comp retaliation. If you encounter retaliation from your employer for filing a SC workers’ comp claim, the injured workers lawyers at the Strom Law Firm, LLC can advise you of your legal options.

Examples of Workers Compensation Retaliation:

Most commonly, people think of workers’ comp retaliation as retaliatory discharge or firing an employee for filing a workers’ compensation claim.

Improper retaliation can fall short of termination, such as discrimination or harassment, and may include the following:

• demotion, negative reassignment, reclassification or transfer;
• unwarranted disciplinary action and/or negative performance evaluations;
• wage reductions, salary reductions or a reduction in the number of hours scheduled; or
• an unreasonable increase or decrease in job duties or responsibilities.

Legal Remedies for Retaliation

Most states have some legal remedy for injured workers retaliation. The right to sue for workers comp retaliation varies from state to state, so it is a good idea to consult a SC work injury lawyer to protect your rights for workplace injury. 

Possible remedies may be available through state agencies and/or in court actions. Even where legislative action has not protected such workers, many state courts have allowed hurt workers to file retaliatory discharge lawsuits if they are retaliated against for seeking compensation for workplace accidents.

Can you be fired for filing a workers’ compensation claim?

South Carolina is an at-will employment state, meaning an employer can hire or fire an employee for any reason or no reason at all, subject to certain exceptions.

Employers may still legitimately terminate or discipline any employee, regardless of workers’ compensation status.  However, the employer’s reason for the negative action cannot be a pretext for workers’ compensation retaliation and the negative action may not violate any other employment law(s).

Our South Carolina workers compensation law firm will protect you and ensure that you do not unknowingly waive any important rights. 

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