Retaliation for Filing Workers' Comp in South Carolina
Whether an employer in South Carolina can fire or punish you for filing a workers' comp claim, and what you can do.
Short answer: An employer may not fire or demote an employee for filing, in good faith, a workers' compensation proceeding, or for testifying or being about to testify in one. S.C. Code § 41-1-80
| Retaliation for filing | An employer may not fire or demote an employee for filing, in good faith, a workers' compensation proceeding, or for testifying or being about to testify in one. A violating employer is liable in a civil action for lost wages, and the employee is entitled to reinstatement; the employee has the burden of proof. Employers have listed defenses (such as habitual absence, intoxication at work, or violating a written policy), and not keeping an employee who receives total permanent disability compensation is not a violation. Lawsuits must be filed within one year. Source: S.C. Code § 41-1-80 |
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| Appealing a denial | A single commissioner decides the hearing. A party may ask the full Commission (appellate panel) to review the award by applying within 14 days of notice of the award, with a filing fee. A full Commission decision can be appealed to the S.C. Court of Appeals within 30 days of the award (or of receiving notice by registered mail, whichever is longer). Source: S.C. Code §§ 42-17-50, 42-17-60 |
Where to get help in South Carolina
More South Carolina workers' compensation
- Filing a Workers' Comp Claim in South Carolina
- How Much Workers' Comp Pays in South Carolina
- Workers' Comp Settlements in South Carolina
- Suing Over a Work Injury in South Carolina
- Appealing a Denied Workers' Comp Claim in South Carolina
- All South Carolina workers' compensation rules
FAQ
Can you be fired for filing workers' comp in South Carolina?
An employer may not fire or demote an employee for filing, in good faith, a workers' compensation proceeding, or for testifying or being about to testify in one. A violating employer is liable in a civil action for lost wages, and the employee is entitled to reinstatement; the employee has the burden of proof. Employers have listed defenses (such as habitual absence, intoxication at work, or violating a written policy), and not keeping an employee who receives total permanent disability compensation is not a violation. Lawsuits must be filed within one year.
How do you appeal a denied workers' comp claim in South Carolina?
A single commissioner decides the hearing. A party may ask the full Commission (appellate panel) to review the award by applying within 14 days of notice of the award, with a filing fee. A full Commission decision can be appealed to the S.C. Court of Appeals within 30 days of the award (or of receiving notice by registered mail, whichever is longer).
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.