In South Carolina, you cannot be fired for bringing a workers’ compensation claim. You can, however, be fired while your claim is ongoing. Employees are sometimes terminated during their workers’ compensation claims, though this is far less likely for employees who are represented by an attorney.
For those who are fired during their case, employers are typically savvy enough to list the cause for termination as something other than their workers’ comp claim. If you’re concerned you might be terminated during your case, discuss the issue with your attorney so the necessary steps can be taken to protect your rights. Your attorney may suggest you begin keeping detailed records of your interactions with supervisors, logging your time in a journal and taking a host of other steps to protect you in the event your employer does something wrong.
If you are fired during your case, your right to workers’ compensation benefits survives. This is true regardless of the basis of your termination. You should continue to receive medical treatment, your right to an award for disability at the conclusion of your claim should be unaffected and (if you are out of work and receiving a weekly check) your check should continue to arrive in the mail.
There can, however, be negative consequences for your case if you’re fired, which is why it’s important to consult a knowledgeable attorney about your employment rights.