Can I be fired or demoted for filing a workers’ compensation claim?

Under 41-1-80, South Carolina protects workers who file a workers’ compensation claim from being fired or demoted. However, if you are habitually or willfully late or absent from work, drinking while at work, or violate specific company policy, the employer has an affirmative defense for their actions (basically that they will suffer no legal consequences if they can prove they fired you for these reasons). Therefore, it is best that you make sure that you continue to perform your duties to the best of your ability after filing your claim.

We serve clients throughout the Carolinas from our offices in Spartanburg, Greenville, and Columbia.