If you’ve been hurt on the job, you might be worried about what happens next—not just with your health, but with your employment. One of the most common fears injured workers have is: “Can I be fired for filing a workers’ compensation claim?”
In South Carolina, the answer is no—your employer cannot legally fire you just because you filed a workers’ comp claim. The law protects you from retaliation when you exercise your right to report a work-related injury and seek benefits. That means your employer cannot demote you, cut your hours, or terminate you in direct response to your claim.
However, South Carolina is also an “at-will” employment state. That means your employer doesn’t need a reason to fire you, and they can let you go for reasons unrelated to your injury. This creates a gray area—some employers might try to cover up retaliation by claiming your termination was due to performance issues or restructuring.
So how do you protect yourself?
Document everything from the moment you report your injury.
Keep copies of all communication with your employer and medical providers.
Pay attention to any sudden changes in your treatment at work, such as being excluded from meetings, written up unfairly, or reassigned to a role that feels like punishment.
If you’re worried your job is at risk—or if you’ve already been fired after filing a claim—don’t wait to get help. These situations are complex, and your rights may depend on how quickly you act.
At Martin & Martin, P.A., we stand up for injured workers across South Carolina. If you’ve been hurt on the job and are worried about your employment, we offer a free consultation to help you understand your options and protect your future. Call us today.