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Can an employee in Charleston lose their position while accepting workers compensation benefits?

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Charleston, SC – Workers compensation is meant to protect injured workers through compensation for wages and healthcare costs, as well as other benefits that may be related to training. An employee may not be able to work as normal for months or years depending on the severity of their injuries. However, the employer is not supposed to retaliate against an injured work by terminating their position or any other means simply because they filed a claim. Legal help may be necessary for any worker who feels that they have not been treated properly after a bona fide work related injury. 

Termination for receiving workers compensation

Employers are usually not permitted from terminating the worker while they are hurt and receiving benefits. Employees in South Carolina may possibly be terminated for issues other than the fact that the claim was filed, as the state uses an “at will” employment relationship. South Carolina’s state laws regarding this issue specifically say that an employee can never be fired as retaliation for a legit workers compensation claim. In some cases, there may be disputes if the employer can show additional reasons for terminating the worker, such as their job performance, company policy violations, or other reasons that are not directly tied to the claim. 

The main exception to this rule is if it is obvious that the injured person will never be able to return to their prior job ever again. Some companies may choose to give the worker a different position, rather than ending their employment entirely. As a related matter, some companies will hire temporary workers to replace those who have been hurt and will remain away from their job for several months or longer, but the injured worker will usually be given their same job or comparable employment when they return.  

How long can an injured worker stay on workers compensation and keep their job?

The question of retaining employment after an injury is highly fact intensive. Some workers who deal with actions such as heavy lifting or intense manual labor may have trouble finding work in the same career field if they have sustained a serious injury that limits their ability to move and function as normal. If someone is going to be away from their job long term, the company may start to question the financial feasibility of keeping them employed for an extended period of time without their normal productivity. 

Help for local work injury cases

The Clekis Law Firm focuses on workers compensation claims in the Charleston, South Carolina area. Any injured worker can get in touch with the firm to learn more about the claim process and defending their rights. 

Firm contact info:

The Clekis Law Firm

171 Church St., Charleston SC, 29401

[email protected]

843-900-0000

clekis.com

Work injuries in South Carolina create a number of different legal issues

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Charleston, SC – When someone is hurt while working, they may be required to go through certain procedures mandated by their employer. However, they are also entitled to various forms of compensation, even if the employer tries to dissuade the worker from utilizing these remedies. Workers compensation claims and personal injury lawsuits are the two most common ways that the victim can try to receive financial assistance after they are hurt and must stop working for a given period of time. 

How a work injury happens

Workers who are in fields that involve manual labor, hazardous materials, construction, and driving tend to be at the highest risk for injuries. However, it is possible that anyone can be injured on the job. If someone is hurt by equipment that they need to utilize, another employee, or from a simple error, they may be able to make some kind of claim for compensation. The employer will investigate to see if the worker was engaged in their normal job duties when the incident happened. In most cases, if someone was not doing their normal work and engaged in some other activity while they were hurt, the employer will not be responsible.  

Workers compensation claims

Workers compensation is one of the most important forms of relief for injured workers. This is essentially a form of insurance purchased by the employer to pay for a worker’s lost wages and some basic medical expenses while they recover from an injury. Most employers of a certain size are required by law to carry some kind of workers compensation insurance.  

Personal injury lawsuits

Whether a worker’s employer or another entity is responsible for their injuries, the victim can bring a civil injury case to be compensated for things like medical treatment, lost income and wages, and emotional pain and trauma caused by the incident. This is done through a negligence case, which essentially says that the defendant breached their duty of care and caused various forms of harm. The element of damages is when the victim is able to add up all of these losses and argue that the defendant needs to provide compensation for the problems that they caused. Most injury lawsuits will end with a settlement agreement between the victim and the defendant, but it is possible that a full trial will be necessary. 

Speaking with a firm that handles work injury cases

Anyone who has been recently hurt at work can contact a lawyer to review their situation and recommend a course of action. The Clekis Law Firm handles workers compensation issues, personal injury cases, and related matters for clients in the Charleston area. 

Firm contact info:

The Clekis Law Firm

171 Church St., Charleston SC, 29401

[email protected]

843-900-0000

clekis.com