If you have been injured on the job, you may be wondering about your rights under South Carolina’s workers’ compensation laws. You may be scared to file a workers’ compensation claim because you fear that your employer will fire you, demote you or cut your pay for doing so. This is called retaliation and is a very serious issue.
Under South Carolina law, employers are not allowed to fire or demote any employee because the employee has filed a workers’ compensation claim or has testified or is going to testify in a workers’ compensation hearing. It is illegal for employers to do so.
I believe this law is good public policy. It helps ensure that hurt workers are not afraid to report injuries so that they can receive the medical help and treatment they need.
Our law firm handles workers’ compensation claims, and we are ready to discuss your case and protect your rights. Please call us today if you have a workers’ compensation case or if you feel that you have been retaliated against for filing a workers’ compensation claim.
What can I do if my employer fires or retaliates against me?
In South Carolina, any employer who violates the law by retaliating against an employee for filing a worker’s compensation claim or for testifying in a hearing is “liable in a civil action for lost wages suffered by an employee.” If the employee is demoted to a lower position, then he or she is “entitled to be reinstated to his former position.”
In other words, you can bring a lawsuit against your employer for lost wages, and you have the right to get your old job back if you are demoted. It may be awkward for you to return to your position after you filed a lawsuit against your employer, but this is the remedy under the law.
Keep in mind that the burden is on you, as the employee, to prove the retaliation. Therefore, it is important for you to keep documents and other evidence that your employer wrongfully punished you for exercising your legal right to workers’ compensation.
The statute of limitations for retaliation claims is one year
If you were fired or demoted or otherwise retaliated against for filing a workers’ compensation claim, you have one year from the date of the retaliation to file a lawsuit. If you fail to file within that one-year period, then your claim may be lost.
How we can help
Our law firm handles workers’ compensation cases. If you would like to discuss your case with one of our attorneys, please contact our law firm. A lawyer can describe the workers’ compensation process, evaluate your medical expenses and lost wages and gather the necessary documents to prove your claim. Remember, if you have been retaliated against, you have limited time to take legal action, so call us today.
If you have been injured on the job and are concerned about whether you properly notified your employer of your accident, have questions about the Workers’ Compensation process in South Carolina, or simply need to find out if you have a case, call Grimes Teich Anderson at 864-421-0770 or contact us over the internet at www.gta-injurylaw.com. Initial injury or disability consultations are free; it won’t cost you anything to speak with us.
We have three convenient office locations in the Upstate of South Carolina: Greenville, Spartanburg, and Gaffney. At Grimes Teich Anderson we are committed to protecting the rights of hard working South Carolinians.