In South Carolina, employers have an obligation to keep their employees safe while on the job. If you are hurt at work, you may be able to file a workers’ compensation claim and receive payment for your injury.
But even though this system is designed to promote safety and fairness for employees across the state, some employers may discriminate against workers who file a claim.
If you have filed a workers’ compensation claim and your employer responded by treating you unfairly, you may be eligible to receive additional compensation. A Greenville workers’ compensation retaliation lawyer could help you understand, protect, and assert your legal rights to be treated appropriately in your workplace.
Realizing that some employers may be tempted to discourage claims, South Carolina Code § 41-1-80 says that no employer can demote or fire any employee because they instituted a workers’ compensation claim or testified in a workers’ compensation claim for another employee.
Importantly, for this rule to apply to an employee, their workers’ compensation claim does not need to have been successful. Even if the employee is ultimately not eligible for compensation for their injury, so long as they brought the claim in good faith, they will be protected from retaliation.
If an employee can prove that their employer did retaliate against them, their remedies are to be rehired or reinstated to their old position and to receive any wages that they lost during the time when their employer removed them from the proper position.
However, filing a workers’ compensation claim does not give the employee a free pass. The employer may still demote or terminate the employee’s employment if the employer can show that they fired or demoted the employee for a legitimate reason, such as:
A Greenville lawyer with experience handling workers’ compensation retaliation claims could help an employee analyze their situation to determine whether unlawful retaliation occurred.
South Carolina Code § 41-1-80 also provides that a lawsuit for compensation based on an employer’s retaliation after an employee makes a workers’ compensation claim must be filed within one year of the retaliatory conduct. If the employee does not file the lawsuit before that deadline, then their ability to recover may be severely limited.
Therefore, it is in the employee’s best interest to seek help from a Greenville workers’ compensation retaliation attorney as soon as possible. Even if a lawsuit is not ultimately necessary, if an employee thinks they may have been discriminated against, a lawyer could help them understand their options and the next steps they may need to take. If a lawsuit is necessary, it is best for the proceedings to begin as soon as possible so that the attorney has sufficient time to gather the appropriate evidence before it is lost or forgotten.
If you work, you have a right to be safe on the job. More than that, you should be able to exercise your rights related to being safe on the job and receive the compensation and working conditions you deserve without fear that negative consequences may come your way.
If you have been fired or moved to a less desirable position after filing a workers’ compensation claim, you may be entitled to additional compensation to rectify the situation. A Greenville workers’ compensation retaliation lawyer may be able to help you receive fair treatment and a just settlement from your employer.
Schedule an initial consultation today to learn more.
864-740-8540 