Common Questions from Injured Workers
One of the most common fears we hear from injured workers is:
“If I file a workers’ comp claim, can my boss fire me?”
This is an understandable concern. Getting hurt on the job is stressful enough—you shouldn’t have to worry about losing your job just for seeking the benefits you’re legally entitled to.
Here’s what you need to know about job security and workers’ comp in South Carolina.
South Carolina Is an At-Will Employment State
In South Carolina, most employees are considered at-will, which means your employer can let you go for almost any reason or for no reason at all—as long as it’s not illegal.
However, there’s an important distinction:
Your employer cannot fire you in retaliation for filing a workers’ comp claim.
Retaliation is illegal and can lead to additional claims against your employer.
In other words, they can’t punish you because you exercised your legal right to seek benefits.
What Retaliation Looks Like
Retaliation isn’t always as obvious as being fired the day after filing your claim. It can also include:
Sudden reduction in hours or demotion.
Harassment or unfair discipline.
Being pressured to “quit” instead of being formally fired.
If any of this happens, document everything and speak to a workers’ comp lawyer immediately. A lawyer can help determine if your employer is breaking the law.
Protecting Yourself After an Injury
The best thing you can do for your job—and your case—is to:
Report your injury right away to your employer.
Get medical care through the approved workers’ comp doctor.
Keep records of everything related to your injury, treatment, and work status.
If your employer or their insurance company starts giving you trouble, a free consultation with Martin & Martin can make sure your rights are protected.
You’re Not Alone
Many workers hesitate to file a claim because they fear losing their job. That hesitation can lead to missed benefits and long-term financial stress.
Here’s the truth:
Filing a claim is your legal right.
Retaliation for filing is illegal.
Talking to a lawyer early is free and can give you peace of mind.
Martin & Martin, P.A. represents injured workers across South Carolina. Our only job is protecting you and your family, not your employer or the insurance company.
If you’re worried about your job after a work injury, call us today for a free consultation. One conversation could save you from costly mistakes.