Legal Question in Employment Law in South Carolina

I was fired at work after sustaining an injury from the fryer at work, and am currently under workman's comp. I have been out of work per doctor's request for the past 2 weeks since the incident, and I was fired a week and a half ago. Is this possible?

Asked on 10/09/11, 3:51 pm

1 Answer from Attorneys

Alton L. Martin, Jr. Martin & Martin Attorneys, PA

It is illegal to fire someone for filing a workers compensation claim; however, there are alot of exceptions. You can be terminated for a safety violation which may have caused your work accident. Even if you are legally fired that does not end your workers' compensation claim. Your employer and their workers' compensation insurance are responsible for your medical treatment with a doctor they select. If you have been written out of work by the authorized doctor for your injuries then you should be receiving temporary benefits which amount to 2/3 of your gross pay each week. You may also be entitled to a monetary award for any permanent damage or scarring caused by your work injury.

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Answered on 10/10/11, 6:59 am

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