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Workers’ Compensation Retaliation

Your Advocate if You Were a Victim of Retaliation for Filing a Workers’ Compensation Claim


Workers’ compensation is sometimes viewed as a compromise between employees and employers: workers give up the right to sue for large awards in court in exchange for certain and timely, albeit relatively lower, reimbursement for work-related injuries and illnesses. Employers accept responsibility for these injuries and illnesses even if they are not at fault, but they no longer have to worry about being tied up in court or about potential liability for large verdicts.

Unfortunately, even in this spirit of compromise, sometimes an employer may retaliate against an employee for filing or even talking about filing a workers’ compensation claim. In South Carolina, employees have legal rights and remedies in response to such adverse employer actions. If you encounter retaliation from your employer in a workers’ compensation matter, Mr. Mann, an experienced workers’ compensation attorney, can advise you of your legal options.

Examples of Retaliation

Most commonly, people think of employer retaliation in the form of retaliatory discharge — unjustly firing an employee for pursuing his or her workers’ compensation rights. But improper employer retaliation can also come in other forms short of termination, such as discrimination or harassment in the following ways:

  • Undeservedly poor performance review
  • Failure to promote
  • Adverse wage action
  • Isolation or intimidation in the workplace
  • Demotion
  • Threats of adverse action
  • Negative reassignment, reclassification or transfer
  • Interference with the workers’ compensation claims process
  • Refusal to rehire
  • Negative action vis-à-vis employment benefits or terms of employment, such as insurance, vacation or scheduling
  • Unreasonable increase or decrease in job duties
  • Unwarranted disciplinary action
  • Undeservedly negative employment references
  • Retaliation against a co-employee testifying in support of a claimant or cooperating in the investigation

Legal Remedies for Retaliation

A civil action to recover lost wages, reinstatement to their former position, and other damages is available for employees whose employers have retaliated against them for taking workers’ compensation action.

Justifiable Employer Action

Employers may still legitimately terminate or discipline any employee, regardless of workers’ compensation status, as long as the negative action is not a pretext for workers’ compensation retaliation and the action does not violate any other employment laws.

Speak to a Workers’ Compensation Lawyer

Stand up for yourself if you have been the victim of employer retaliation in response to the exercise of your workers’ compensation rights. We can advise you of the law surrounding workers’ compensation retaliation. Please call 864-326-0535 or contact the firm online to schedule a free telephone consultation regarding your case.

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  • Greenville Office
    512 East North Street
    Greenville, South Carolina 29601
    Phone: 864-326-0535
    Fax: 864-233-5088
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