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.
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:
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.
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.
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.