Greenville Personal Injury Lawyer | Car Accident Lawyer Greenville, SC

The car accident lawyer and personal injury lawyer at David R Price Jr Law Firm in Greenville, SC can help you with your claim.

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David R. Price Jr.

David Price is a Personal Injury, Civil Litigation, Collections, and Criminal Defense Attorney who practices in Greenville, SC. He graduated from the University of Georgia School of Law, and has been practicing law for 12 years. David Price believes in helping those who have been injured. Learn more about his experience by clicking here.

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Can I Be Fired for Filing for Workers’ Compensation in South Carolina?

December 14, 2017

In South Carolina, can I be fired for filing a workers’ compensation claim?

One of the reasons many injured workers hesitate before filing workers’ compensation claims is the fear that their employer could lash out, potentially demoting or even firing them for raising the issue. The good news is that the law protects injured workers and can be used to punish those employers who retaliate against genuinely injured employees. To find out more about what the law says, keep reading.

sc can employer demote or fire me for filing workers comp?

Your employer cannot fire you or retaliate because you’ve filed workers comp.

Can your boss fire you for filing a workers’ comp claim?

The short answer is no. This is because the law exists to protect injured workers from what is known as retaliatory termination by an employer.  It is illegal for an employer to terminate a worker for simply reporting a workplace injury or filing a workers’ compensation claim.

Why are workers protected?

The law was written to discourage such retaliation for a very good reason: so that workers wouldn’t be afraid to come forward and reveal dangerous workplace conditions. If employers were allowed to simply dismiss any worker that complained about dangerous conditions, the result would be vastly more dangerous workplaces. By protecting workers, the hope is that employers have an incentive to invest time and money in securing the work environment.

What does the law require?

Injured workers are specifically protected after filing a workers’ comp claim and are given the time they need to recover from the injuries they sustained. The law says that employers are required to keep workers on during the course of their claim until they have reached maximum medical improvement (MMI). MMI refers to the moment when doctors agree the person’s condition is not likely to continue to improve further.

After a person has reached MMI, his or her employer will need to assess their current work restrictions and is obligated to make reasonable efforts to accommodate any restrictions that result from their workplace injury. The goal is to allow workers to try and continue performing their previous jobs. Assuming your employer is able to accommodate you, they must.

What happens if your employer does retaliate?sc workers comp laws, can i be fired?

As we’ve already mentioned, employees are protected from retaliatory termination for filing workers’ comp claims. However, it is possible that some especially heartless employers may simply make up a different reason to justify firing an injured worker. In some cases, an employer could claim that the firing was due to poor work performance prior to the injury. Should such a thing happen, it is critical that you reach out to an experienced South Carolina injury attorney as soon as possible. An experienced attorney can help you fight not only for the return of your job, but also for the workers’ compensation benefits to which you are entitled.

Although it is almost inevitable that accidents will happen at work, under South Carolina law, employers are still responsible for keeping the workplace safe for all staff members. If you have been hurt on the job, contact David R. Price, Jr., P.A., to learn more about how to file for workers’ compensation benefits.

David R. Price Jr.

David Price is a Personal Injury, Civil Litigation, Collections, and Criminal Defense Attorney who practices in Greenville, SC. He graduated from the University of Georgia School of Law, and has been practicing law for 12 years. David Price believes in helping those who have been injured. Learn more about his experience by clicking here.

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KNOW YOUR RIGHTS:

Under the current law your employer has the right to select the doctor who will treat you. If you go to see your own doctor without permission of the employer, the employer may not be liable for that doctor’s charges, unless it constitutes an emergency condition. However, you have the right to choose a physician to evaluate you for the specific disability you may have.

David R. Price Jr.

David Price is a Personal Injury, Civil Litigation, Collections, and Criminal Defense Attorney who practices in Greenville, SC. He graduated from the University of Georgia School of Law, and has been practicing law for 12 years. David Price believes in helping those who have been injured. Learn more about his experience by clicking here.

Office Location

David R. Price, Jr., P.A.
318 W Stone Ave, Greenville, SC 29609

Mailing Address

Post Office Box 2446
Greenville, South Carolina 29602
Ph. 864-271-2636
Fx. 864-271-2637

David R. Price Jr.

David Price is a Personal Injury, Civil Litigation, Collections, and Criminal Defense Attorney who practices in Greenville, SC. He graduated from the University of Georgia School of Law, and has been practicing law for 12 years. David Price believes in helping those who have been injured. Learn more about his experience by clicking here.

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David R. Price Jr.

David Price is a Personal Injury, Civil Litigation, Collections, and Criminal Defense Attorney who practices in Greenville, SC. He graduated from the University of Georgia School of Law, and has been practicing law for 12 years. David Price believes in helping those who have been injured. Learn more about his experience by clicking here.

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Personal Injury
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Nursing Home Neglect
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David R. Price Jr.

David Price is a Personal Injury, Civil Litigation, Collections, and Criminal Defense Attorney who practices in Greenville, SC. He graduated from the University of Georgia School of Law, and has been practicing law for 12 years. David Price believes in helping those who have been injured. Learn more about his experience by clicking here.


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David R. Price Jr.

David Price is a Personal Injury, Civil Litigation, Collections, and Criminal Defense Attorney who practices in Greenville, SC. He graduated from the University of Georgia School of Law, and has been practicing law for 12 years. David Price believes in helping those who have been injured. Learn more about his experience by clicking here.

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