Indirect Retaliation Is Also Illegal If You've Been Injured On The Job
Although South Carolina law prohibits direct retaliatory termination, it is possible that your employer might try to retaliate indirectly against you by saying that your former position has been eliminated or that you are no longer physically able to carry out your essential job duties. For this reason, all of the following actions are prohibited by the SCWCC:
- Forced leave
- Workplace harassment
- Discriminatory treatment
- Retaliatory termination
You are protected against such actions from the time of your accident and injury, even before you file your claim. After you’ve filed, your employer is required to keep you on until your doctor decides you’ve reached maximum medical improvement (MMI). At that time, when you have recovered to the extent your doctor feels is possible, the company must make a reasonable attempt to accommodate any restrictions that result from the injuries you sustained and let you resume your duties. The SCWCC wants injured employees to continue working at their jobs if at all possible.
Do Not Wait to File For Workers' Compensation In Horry County
If you’ve suffered a work-related injury in South Carolina, you should immediately:
- Report your accident and injury to your employer.
- Report your accident and injury to whoever handles workers’ comp cases in your workplace.
- File a workers’ compensation claim with your employer’s insurance carrier.
- Seek medical attention from the doctor recommended by the insurance company.
- Follow this doctor’s advice and treatment recommendations carefully.
Although you have 90 days to report your injury, you should not wait to do so. Filing your claim as soon as possible increases your chance of success. You don’t want to give the insurance company any reason to say your injury was not serious or that you made it worse by not getting timely treatment or not following the doctor’s orders.
If the insurance company disputes your claim or you believe you’ve been unjustly fired, harassed, or discriminated against in retaliation for filing, an experienced attorney can help you to request a hearing before the SCWCC or to file a retaliatory termination lawsuit against your employer.
Have You Been Injured On The Job?
If you've been hurt at your job you can speak with a workers' compensation lawyer. Please contact us online or call our Myrtle Beach office directly at 843.488.3165 to schedule your consultation. We are also able to meet clients at our Charleston, Conway, Florence, Murrells Inlet, Mt. Pleasant, North Myrtle Beach or North Charleston office locations.
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