Legal Question in Workers Comp in South Carolina

Can i sue my employer for lying about my wages to workmans comp

When i was injured on the job and filed a claim my employer had me fill out another application saying they lost my last one.Then they told workers comp.I was making four dollars an hour less than i was. I have check stubs to prove otherwise.Can i sue them for this.Im not getting the money that i should be on my weekly workers comp. Checks


Asked on 1/01/01, 10:51 pm

2 Answers from Attorneys
Charles Griffin Law Offices of The Griffin Firm, LLC

Re: Can i sue my employer for lying about my wages to workmans comp

If you were discharged or diciplined (or threatened with such) for refusing to give false information at your employer's request, you may have a suit against your employer. Its possible that your employer may be liable for damages for racketeering, but I would have to know more. You may E-mail me at [email protected].

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Answered on 1/06/01, 1:25 pm
Alton L. Martin, Jr. Martin & Martin Attorneys, PA

Re: Can i sue my employer for lying about my wages to workmans comp

You can be reimbursed for the amount you have been underpaid, but you cannot sue your employer outside of workers' comp for providing inaccurate information about your wages, even though they did it intentionally. An attorney can subpoena tax records and records submitted by your employer to the Employment Securiy Commission regarding your wages. Your employer may also be subject to a 25% penalty for the amount they intentionally withheld. Please let me know if I can be of further assistance.

Thanks,

Al Martin

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Answered on 1/04/01, 11:45 am


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