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It is against the law in South Carolina to fire an employee simply because the injured worker has opened a workers' compensation claim. This is illegal retaliation. But South Carolina is an employment-at-will state and the law leans heavily in employers' favor.
Some of the common reasons workers compensation insurance companies stop paying benefits are:Your employer offers you suitable light duty work. A doctor says you have reached maximum medical improvement. The insurance company determines you were injured somewhere other than work, and.
If You're Fired, You Won't Lose Your Workers' Comp Claim. Luckily, your workers' compensation claim and the benefits you receive from it won't disappear if you do get fired. You'll still receive the benefits until your doctor tells you that you're ready to get back to work.
The short answer is, no, your employer cannot fire you merely because of your workers' compensation claim.But your employer must be able to show there were reasons for firing you or laying you off that didn't have to do with your filing a workers' compensation claim.
Temporary Total Disability: For example, if the medical provider has stated that the injured worker has temporary total disability ; it would not be advisable to partake in activities such as mowing the lawn, shoveling snow, or any recreational activity.
Unfortunately, it is still possible for you to be fired by your employer even if you have an open workers' compensation case. If you are terminated, you can expect your health insurance benefits to end the same way that they would for any terminated employee.
Workers' compensation insurance doesn't cover unemployment expenses, injuries that occur outside of work or wrongful termination. It doesn't cover injuries resulting from fights at work, alcohol- or drug-related injuries on the job.