Can You Be Fired While on Workers’ Comp?
If you’ve been hurt on the job in South Carolina, one of the biggest fears is: “Can my employer fire me while I’m receiving workers’ compensation?”
The truth is, South Carolina is an at-will employment state, which means employers can terminate employees for almost any reason—or no reason at all—as long as it’s not illegal.
However, South Carolina law specifically prohibits firing someone because they filed a workers’ compensation claim. Section 41-1-80 of the South Carolina Code makes it unlawful to discharge or demote an employee for seeking benefits under the Workers’ Compensation Act. This protection is known as retaliatory discharge.
What Retaliation Looks Like
Retaliation can take many forms, including:
Firing an employee soon after they file a workers’ comp claim
Reducing hours or pay
Assigning undesirable shifts or duties
Threatening discipline for attending medical appointments
Creating a hostile environment to push the employee to quit
If your employer takes negative action against you because of your claim, that’s illegal retaliation—and you have legal recourse.
FAQs About Job Protection and Workers’ Comp
Does filing a claim guarantee I’ll keep my job?
No. Workers’ comp protects your right to benefits, not guaranteed job security. Your employer can still fire you for legitimate reasons unrelated to your injury.
What if I’m fired while still getting benefits?
You usually continue receiving medical care and wage benefits even if your job ends. Your employment status doesn’t cancel your claim.
Can I sue my employer for wrongful termination?
Yes—if you can show the firing was motivated by your workers’ comp claim. Retaliation claims are time-sensitive, so it’s important to act quickly.
What should I do if I think my firing was retaliation?
Write down what happened, save any texts or emails, and contact a workers’ compensation attorney immediately. Timing, documentation, and witness statements can make all the difference.
Free Consultation After a Work Injury
If you’ve been injured at work and believe your employer fired or punished you for filing a claim, don’t wait to get help.
At Martin & Martin, P.A., we help injured workers across South Carolina fight back against retaliation and protect the benefits they’ve earned.
📞 Call us today for a free consultation to discuss your situation and learn your options.