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CAN I LOSE MY JOB IF I FILE A WORKERS COMPENSATION CLAIM AGAINST MY EMPLOYER IN CHARLESTON, SOUTH CAROLINA?

Posted by Jay McMillian | Jun 16, 2019 | 0 Comments

THE MCMILLIAN LAW FIRM

PROVIDING AGGRESSIVE AND COMPASSIONATE LEGAL SERVICES TO INJURED WORKERS IN CHARLESTON, SC AND SUMMERVILLE, SC

Unfortunately, workplace injuries are all too common in South Carolina. Workplace injuries can occur across the entire spectrum of professions and occupations. From the longshoreman and construction worker all the way to the administrative desk clerk. Every person in every job can be in need for compensation due to work related injuries. 

When I conduct a workers' compensation consultation, I am without exception faced with honest and hard working people who work jobs upon which their families are financially dependent. I am often faced with good people who are placed into a moral dilemma . . . they need workers' compensation benefits and treatment for injuries but also need to keep their job. Inevitably I am asked this question . . . Can I lose my job if I file a Workers' Compensation claim against my employer in South Carolina?

CAN I LOSE MY JOB IF I FILE A WORKERS COMPENSATION CLAIM?

South Carolina Code Ann. Section 41-1-80 of the South Carolina Code that “no employer may discharge or demote any employee because the employee instituted or caused to be instituted, in good faith, any proceeding under the South Carolina Workers' Compensation Law.” Though the law seems to be very clear, in the real world the interaction between you and your employer is not that simple once a claim is filed.

When an employee files a workers' compensation claim and is recovering from injury, the employer must either provide work that complies with the assigned medical provider's work restrictions or pay the employee temporary total disability benefits.

Unfortunately, some employers attempt to fire an injured worker. Their "excuses" for attempting to dismiss an employee after a workers' compensation claim is filed are due to the inability of the injured worker to perform the demands of the job or lack of available positions to accommodate the injured employee. 

If you feel that you are facing reprisals or the threat of losing your job if you have filed a workers' compensation claim or have put your employer on notice that such a claim may be filed, then contact a workers' compensation attorney immediately and begin to protect your rights!

HOW TO PROCEED IF YOU HAVE BEEN INJURED IN A WORK RELATED ACCIDENT

If you have suffered a work-related injury, it is important to know the proper steps to take to file a workers' compensation claim. The South Carolina Workers Compensation Commission recommends that you follow these steps if you have been injured at work:

1. Report your injuries to your manager, supervisor, or human resources department immediately. 

    • Ask to complete an incident or accident report and keep a copy for your personal records.

2. Request that your employer send you to the emergency room at your local hospital or a doctor for treatment of your injuries. 

    • Remember, your employer (technically the workers' compensation insurance company) has the right to choose where to send you for treatments for your work related injuries.

3. Make sure your employer files a workers' compensation claim on your behalf. 

    • If your employer fails to file a claim for you, then you should file a claim for benefits for yourself or seek the assistance of an attorney.

4. If your claim is disputed or denied, you can request a hearing to present your claim, as provided by the South Carolina Workers' Compensation Commission. 

    • It would definitely be in your interest to consult a Workers' Compensation lawyer if you claim is disputed or denied. Going before the Workers' Compensation Commission requires the expertise of an attorney.

5. Always follow your assigned doctor's instructions for treatment of your injuries and restrictions on physical activities. Failure to do so can possibly lead to a reduction of benefits or denial of your claim.

6. Every time you see your assigned medical provider, obtain a work status and restrictions report and take a copy to your employer.

If you have been injured at work, workers' compensation benefits can often provide the health care needs and financial security that allow for you to make the maximum medical recovery and provide for your family during the time of recovery. 

THE MCMILLIAN LAW FIRM -  WORKERS' COMPENSATION ATTORNEY SERVING CHARLESTON, SUMMERVILLE, MT. PLEASANT, BEAUFORT, AND ALL AREAS OF THE SOUTH CAROLINA LOW COUNTRY

As a Workers' Compensation lawyer in my solo practice, I will take all necessary steps to protect your rights and work to secure compensation for your injuries as a victim of a work related injury. Being a small firm allows you to have direct access to your lawyer during this entire process, with open lines of communication as we work together towards a viable solution to your specific case. 

Being an experienced personal injury attorney, I have experience dealing with insurance companies. I also know where the courthouse is and will not be afraid to call the insurance company to the mat in front of a judge and jury if necessary.

If you or a loved one has been injured at work in Charleston, Summerville, Mount Pleasant, James Island, West Ashley, Goose Creek, Moncks Corner, North Charleston, or any of the other fine communities of the Low Country, and need to meet with a Workers' Compensation lawyer, please contact me to set up your free case evaluation today. Let me help prevent you from being taken advantage of by the insurance company. I am serious and I am here for you! Contact The McMillian Law Firm today @ 843-900-1306

About the Author

Jay McMillian

Background I chose to build my law practice in the areas of Car Accident and Personal Injury because these areas of the law are the most accurate reflection of my values and my upbringing. Being the son of a breakfast hostess and a retired US Army Sargent turned construction worker, the values instilled upon me by my par...

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The McMillian Law Firm

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Attorney Jay McMillian operates a solo practice with an emphasis on two core principles. First, to provide competent legal advice in the areas of Auto Accident and Personal Injury Law to the people he is proudest to serve, the people of the South Carolina Low Country. Second, to provide the most personal and intimate service to each and every client and give them the attention and compassion that they deserve while going through the stress and strain of negotiating or litigating an injury claim. If you live in Charleston, Summerville, Mount Pleasant, Goose Creek, James Island, Walterboro, Moncks Corner, and you or someone you love has been injured by the negligence of another, please call Jay at The McMillian Law Firm today.

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