Asked in Workers' Compensation and Employment Law for South Carolina

Q: I slipped in the cooler at work and hurt my knee. I've been getting work comp amd they have payed for all my drs and my

Surgery. What i wont to know is can they let me go while im out of work? The injury happend in july and its November now

1 Lawyer Answer
Ilene Stacey King
Ilene Stacey King
  • Workers' Compensation Lawyer
  • Licensed in South Carolina

A: Unfortunately, yes, it is possible to be terminated while on workers' compensation in South Carolina. The work injury status does not protect your job. South Carolina is an employment at will state. Employees can be terminated for any reason - good or bad - or no reason, with a few exceptions for illegal discrimination and retaliation. An employer cannot retaliate against an employee for pursuing workers' compensation remedies. Retaliation has to do with actions taken by the employer because the employee pursued a legal remedy; it does not protect against actions taken for other reasons while the employee is on workers' compensation. An employer does not have to hold your job at all under workers' compensation unless you had qualified for and taken leave under FMLA, in which case, the employer would only have to hold your job for 12 weeks. If they have held your job since July and it is November now, even if you had been on FMLA, it would appear that the 12 weeks has run out.

It sounds like you have had a serious knee injury which has impacted your ability to return to work and may result in the loss of your job. If you do not already have an attorney, I strongly suggest that you consider having representation at this point.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.