Can I be fired while out of work on a workers’ comp claim?

In general, the answer is no. A Greenville workers’ compensation lawyer will explain that South Carolina law makes it illegal for an employer to fire a worker in retaliation for filing a worker’s comp claim. However, some employers will do so anyway, and try and justify the firing on other grounds.

On what grounds can I be fired while out of work on a worker’s comp claim?

An employer may claim that your work was sub-standard before you filed the claim, that you failed to keep your employer informed of your condition or that the employer is shorthanded and no other employee can do your job. However, as a Greenville workers’ compensation lawyer cautions, these are often merely excuses.

Do I have any other rights?

Depending on the circumstances of your particular situation, you may have rights under federal law. You as an employee may:

  1. Be entitled to Family and Medical Leave Act (FMLA) protections
  2. Be covered under the Americans with Disabilities Act (ADA)
  3. Be protected if the termination was based on a discriminatory reason or
  4. Be protected if the reason for termination was contrary to public policy.

What can I a lawyer do to protect me?

Initially it is essential to properly file your workers’ comp claim and follow all instructions and guidelines. If you have a complicated situation, it may be in your best interest to consult with a lawyer to make sure proper procedure is being followed.

If despite so doing, your employer fires you, you may need a lawyer to subpoena records.

For instance, if the employer states you performance was sub-standard prior to your filing the claim, was that documented in the form of written warnings added to your employment file? Ultimately, you may need to bring a lawsuit to recover what you are rightfully entitled to.

If you have been fired while out of work on a workers’ comp claim, you need to understand your rights. The Dennison Law Firm, a Greenville workers’ compensation lawyer team, can help. The Firm offers a free, initial no-obligation consultation. Call (866) 342-5770 for an appointment today.

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