The short answer to the question of whether you can get fired after being hurt at work is no. Your employer cannot legally fire you because you have sought workers’ compensation benefits. In certain states like South Carolina, this is known as illegal retaliation. However, there are some circumstances where your employer may reasonably need to fill your position, meaning there will not be a place for you when you are ready to return to work.
If you need help fighting a wrongful termination or want to maximize the benefits from your workers’ compensation claim, contact our law firm immediately.
What Are Some Reasons You Could Lose Your Job Following an Injury?
Employers are legally barred from firing their employees because they were injured at work. While the employee will receive payment for missed work and medical bills through workers’ comp benefits, they will hopefully recover enough to one day return to work. But what is the employer supposed to do in the meantime?
The law allows employers to hire a new worker if the business requires the position to be filled, if the returning worker can no longer do the job, or if the employee’s performance after the injury no longer meets industry standards. If the employee’s position has been filled when they are recovered, the employer is not required to rehire them.
Can You Settle Your Workers’ Comp Claim Instead of Returning to Your Job?
If you were injured and your employer tried to fire you, it’s understandable that you would not want to return to the company. In this case, we can help you settle your workers’ comp claim. This would result in you receiving a lump sum payment rather than monthly checks. Having a lawyer on your side during the workers’ comp settlement can ensure you get the maximum compensation possible so you can focus on recovering your health and moving on with your life.
Can an Attorney Help Fight Wrongful Termination Following an Accident?
Whenever you are injured at work, you should reach out to workers’ compensation lawyers like the one at our law office. A workers’ comp attorney will know how to present the evidence of your accident to show that the injuries are work-related and can demonstrate that you deserve to be paid the maximum amount possible. They can also ensure that your position at the company is protected as much as legally possible, keeping you from being unlawfully dismissed.
If you are suffering from workplace injuries, you don’t need to go through this challenging endeavor alone. Please rely on our experience, knowledge, and diligence in seeking justice in your case. We will stand by your side, listening compassionately to your story and explaining complicated legal terms in a language you can understand. Contact us today at (803) 500-0000 for a free case evaluation where our workers’ compensation lawyer can go over the details of your case and help you find the positive results you’re looking for.