Our places of employment encompass a variety of titles and meanings, from a sanctuary away from home to simply an obligation in exchange for cold, hard cash. No matter what place your job holds in your life; there is no prospect more terrifying than being unable to return to work.
A work-related injury has the power to flip your entire world on its axis, leaving you with the inability to perform your daily tasks. Filing a workers’ compensation claim is the key to your peace of mind, but what do you do when your employer fires you while receiving the benefits?
Understanding the laws surrounding workers’ compensation and your rights if you’ve been fired while receiving the benefits could be the difference between a legal termination and a lawsuit.
Keep reading as our team at Hoffman Law Firm guides you through your rights to workers’ compensation and how we can help if you’ve become the victim of illegal retaliation.
Can You Be Fired While on Workers’ Comp?
In short, your employer may not fire you because you filed a workers’ compensation claim. This act is considered illegal retaliation and is a form of wrongful termination, which occurs when an employer fires an employee for an unlawful reason or violates their contract.
Wrongful termination includes the likes of termination due to retaliation, discrimination, and the violation of state or federal labor laws.
It’s important to note, however, that although South Carolina works to ensure employees are safe from retaliation, your employer maintains the right to fire you for any other reason while you are receiving workers’ comp benefits.
Understanding Your Employee Classifications–and Your Rights
South Carolina is an “at-will” employment state, meaning an employee can be fired at any time for any reason or even no reason at all. The following are considered legitimate reasons for terminating an employee’s contract:
Company-Wide Layoffs
Reduction of the workforce, more commonly referred to as layoffs, occurs when a company discharges workers due to an economic downturn or a work shortage. While this is a legitimate reason for termination, consult the Hoffman Law Firm workers’ compensation lawyer near you if you are the only one to be released during this time.
Inability to Accommodate
If your injury or work restrictions recommended by your doctor prevent your employer from being able to accommodate you, they may be able to release you. However, you may be entitled to receive permanent disability under workers’ compensation laws.
Violating Company Policy
Most, if not all, companies hire employees with the agreement to operate under certain guidelines or policies during their employment. For example, if a company policy states that stealing will result in immediate termination, and it comes out after the injury that you stole, this could be grounds for reasonable dismissal.
Poor Performance and Insubordination
Within your employment, there is a level of performance and respect required of you by your employer. If you fail to meet those requirements, your employer has a right to terminate your employment contract – even after a workers’ compensation claim is filed.
Examples of poor performance or insubordination could include:
- Habitually tardy
- Absent from work
- Disorderly behavior
- Failed to accomplish obligations of position
- Intoxication at work
Inability to Operate
If the injured party performed a job or function essential to the business operations, the employer has the right to replace them instead of allowing the business to suffer. If there is no position suitable for the returning worker, the employer maintains the right to release them.
If you have been fired due to any of the listed reasons above without adequate evidence to support these claims, schedule a consultation with our workers’ compensation lawyers to review the facts and discuss your rights.
I’ve Been Wrongfully Terminated… What Should I Do?
Although South Carolina law allows employees to be released without providing a reason, you may still be able to file a lawsuit if you believe you were wrongfully terminated.
Finding the necessary evidence to prove illegal retaliation can be challenging, especially when your focus has already shifted to recovery in your workers’ comp claim. Building a case for retaliation requires time, knowledge, and experience – all of which our workers’ comp attorneys have at our disposal.
Whether you worked with us on your workers’ comp claim or have already begun receiving benefits, we will stand by your side in this next chapter to help you get the compensation you deserve.
Hoffman Law Firm Fights For You Against Retaliation
Not only do you have a right to receive workers’ compensation benefits due to an on-the-job injury, but you also have a right to peace of mind knowing you have a job when you return to the workforce.
Located in Charleston, SC, we support accident victims throughout the Palmetto State. Our personal injury lawyers here at Hoffman Law Firm have extensive experience handling a wide variety of cases.
Plus, you only pay us if we win your case.
We have established a reputation for success, as well as great service! To meet with a member of our team, schedule your free consultation today.
