Can my employer fire me for filing a workers' compensation claim in South Carolina?

KEY TAKEAWAYS:

No. South Carolina law prohibits an employer from firing or demoting you because you filed or pursued a workers' compensation claim in good faith. If you prove retaliation, you may recover lost wages and be reinstated to your former position. 

However, you bear the burden of proof, and employers may defend a termination on grounds such as habitual attendance problems, failure to meet established work standards, or violations of specific written company policies. A retaliation claim has a one-year statute of limitations—shorter than the two-year deadline that generally applies to filing a workers' compensation claim after an accident.

You reported a workplace injury, filed for workers’ compensation benefits, and then lost your job. When a termination follows closely behind a claim, it is natural to wonder whether your employer punished you for exercising your rights. South Carolina law prohibits employers from firing or demoting workers for pursuing a workers’ compensation claim in good faith—but suspicious timing alone may not prove retaliation. Understanding what the law protects, what evidence can support your case, and how quickly you need to act can help you decide what to do next.

Our experienced Charleston workers’ compensation attorneys at The Law Offices of Sean M. Wilson can examine the circumstances surrounding your termination, including when it occurred, what reason your employer gave, your work history, and communications or records that may shed light on the decision. If there is evidence that your workers’ compensation claim played a role in your firing or demotion, we can explain your legal options and help you determine the next steps for protecting your rights.

Is It Illegal to Fire Someone for Filing a Workers' Compensation Claim?

Yes. S.C. Code § 41-1-80 bars an employer from discharging or demoting an employee because the employee started a workers' compensation proceeding in good faith, or testified, or was about to testify, in one. South Carolina is an at-will state, so that an employer may end employment for lawful reasons, just not this one.

A worker who proves a violation can bring a civil action for lost wages and is entitled to reinstatement to the former position. The rule applies whether you were hurt in a construction site accident, developed a lifting injury over months of repetitive work, or were injured in another type of work accident. The statute of limitations for a retaliation claim is one year, which is shorter than the two years generally allowed to file the injury claim itself.

What Must You Prove in a Workers' Compensation Retaliation Case?

The burden of proving workers' compensation retaliation falls on the employee. In South Carolina, you generally must establish three things:

1. You pursued a workers' compensation claim. You instituted or caused a workers' compensation proceeding to be instituted in good faith.
2. Your employer fired or demoted you. The law protects workers from both termination and demotion tied to a protected workers' compensation proceeding.
3. Your claim caused the employment action. You must show that you would not have been fired or demoted but for your workers' compensation claim.

That last element is often where retaliation cases become difficult. Being fired shortly after reporting an injury or pursuing benefits can raise questions, but timing alone may not prove why the employer made the decision. The surrounding facts matter.

Evidence That Can Help You Prove You Were Fired for Filing a Workers’ Comp Claim

To prove that your employer’s actions were retaliatory, you will need strong evidence. Here are some types of evidence our workers’ compensation lawyers may look for when evaluating whether your employer retaliated against you:

• Supervisor comments about your workers' compensation claim
• Emails or text messages discussing your injury or claim
• Shifting explanations for why you were fired or demoted
• Sudden disciplinary problems after reporting your injury
• Positive performance reviews before filing your claim
• Coworkers receiving different treatment for similar conduct
• Attendance, disciplinary, or personnel records
• Statements from coworkers or other witnesses

What Reasons Can an Employer Give for Firing You?

South Carolina law gives employers several specific defenses to a workers' compensation retaliation claim. Under S.C. Code § 41-1-80, those defenses include:

• Willful or habitual tardiness or absence from work
• Being disorderly or intoxicated at work
• Destroying the employer's property
• Failing to meet established work standards
• Malingering
• Embezzlement or larceny of the employer's property
• Violating a specific written company policy that names the employment action as a remedy

The employer has the burden of proving an affirmative defense, but the ultimate burden of proving retaliation remains with you. Evidence that an employer enforced a rule against you while overlooking similar conduct by other employees may raise questions about whether the stated reason was the real reason for the termination.

The statute also provides that an employer does not violate this law by declining to continue employing a worker or to keep the worker at the previous level of employment when that worker receives compensation for total permanent disability.

What Should You Do if You Think You Were Fired in Retaliation?

Act quickly and keep everything in writing. The one-year deadline for a retaliation claim runs separately from your injury claim, and important evidence may become harder to obtain after your employment ends. Here are important steps to take:

• Ask for the reason for your termination in writing, and save every letter, text, and email.
• Keep your performance reviews, attendance records, and write-ups, especially those from before you reported the injury.
• Record the dates you reported the injury, asked for treatment, and were disciplined or fired.
• Confirm that you reported your injury in writing. The South Carolina Workers’ Compensation Commission advises injured workers to report an injury immediately. South Carolina law generally requires notice to your employer within 90 days of an accident.
• Keep attending medical appointments with your authorized provider.
• Talk to our workers’ compensation lawyers as soon as possible.

Does Being Fired Affect Your Workers' Compensation Benefits?

Not automatically. Losing your job does not cancel an otherwise valid workers' compensation claim, and a retaliation case is separate from your claim for medical and wage benefits.

There is one important issue to watch for. If your authorized treating doctor releases you to light-duty work and your employer offers a job that fits those medical restrictions, refusing that work may put your temporary wage benefits at risk. If you believe the job exceeds your restrictions or you are physically unable to perform it, do not simply refuse the assignment. Talk with your doctor and our workers' compensation attorneys about your options, including whether to ask the South Carolina Workers' Compensation Commission to review the dispute.

How Can a Charleston Workers' Compensation Lawyer Help After a Retaliatory Firing?

Our Charleston workers’ compensation attorneys can coordinate your retaliation and benefits claims so that one does not undermine the other. We will compare your termination paperwork with your personnel file, identify the defenses your employer may raise, and gather accounts from coworkers and supervisors to test whether the stated reason for firing you holds up. 

We will also work to keep your injury claim moving so that a dispute over your termination does not interfere with your pursuit of medical care or wage benefits. Founding attorney Sean Wilson and our legal team are committed to helping you protect your rights and obtain the justice and compensation you deserve.