There are laws in South Carolina to ensure that workers injured on the job can apply for workers compensation. These benefits help pay for medical expenses, time lost from work, and other related expenses. However, many employees are reluctant to file workers comp claims because they fear employer retaliation after filing workers comp claims.
Claims may raise insurance rates for employers. Employees then fear that their employers will look unfavorably on their work, and take measures to terminate their employment outright. They may also worry the employer will make their working environment inhospitable enough that the employee will feel pressure to quit and seek employment elsewhere.
Employer Retaliation After Filing Workers Comp Claims
Have you filed a workers comp claim and find yourself in an adversarial position with your employer? It is important to understand your rights regarding protected activities. Protected activities are things for which your employer cannot legally penalize you in any way. For example, filing a legally valid workers comp claim is a protected activity. Nevertheless, employers may try to retaliate. Here are some of the ways your employer may try to retaliate:
- Give a negative performance review immediately after the injury or during the healing process
- Denying promotion
- Not accommodating limitations caused by the injury or illness
- Firing an injured employee simply because they made a workers comp claim. Or were absence from work due to the injury
In general, the laws regarding employer action taken after an employee claim can vary from state to state. This makes it essential to check with a local attorney to find out what your rights are. Additionally, the legal definition of what constitutes a protected employee action varies as well. Your attorney can help you navigate this legal issue with success. To ensure that your employment rights are protected to the fullest extent of the law.
How To Prove Employer Retaliation
It can be challenging to prove that your employer is treating you unfairly because you’ve been hurt and want to file a workers comp claim. You need to understand:
- The law entitles you to workers comp benefits
- Your workers comp claim must be filed within a certain time frame and the right way to ensure approval
- If you face retaliation (like termination or a significant change in the terms and conditions of your employment), you must be able to prove it was directly related to the workers comp claim filing
Getting Help for Workplace Retaliation
Dealing with the injuries that led to your workers comp claim is stressful on its own. Having the added issue of dealing with potentially unlawful employer retaliation for filing that claim adds insult to injury. If you need help for a situation involving employer retaliation, please contact us. With years of experience in workers comp litigation in South Carolina we will fight for your employment rights with all the tools at our disposal.
