Will I Lose My Job if I File a Workers’ Compensation Claim?

July 03, 2025

Provided by your employer, workers’ compensation provides financial security for injured or sick employees. If you have been injured or fallen ill due to your job, you are within your rights to file a workers’ compensation claim. Workers’ compensation offers wage replacement, coverage of medical expenses, and permanent disability benefits to workers harmed in the course of their employment.

If you are putting off filing a claim in fear of repercussions, be aware that it is against the law for a company to retaliate against an employee just for filing a workers’ compensation claim. If you have recently experienced termination after filing a workers’ comp claim, do not hesitate to speak with our Greenwood workers’ compensation attorneys.

Benefits Provided by Workers’ Compensation

Wage Replacement

South Carolina businesses that have four or more employees must carry workers’ compensation insurance. Generally, lost wage benefits replace 66 2/3% of an injured worker’s average weekly wage (AWW), with a statutory maximum reset annually. For all claims on or after January 1, 2025, the maximum weekly compensation is capped at $1,134.43. Temporary benefits last 500 weeks.

Employees who have missed seven consecutive days of work due to their injury or illness will receive wage compensation beginning on day eight. If an employee misses more than 14 consecutive days of work, benefits will apply retroactively back to the first day of incapacity. Employees who are still able to work but in a limited capacity for a certain time frame will be eligible for temporary partial disability (TPD). Their weekly compensation will equal 66 2/3% of the difference between their pre-injury and post-injury wages.

Medical Expenses

Workers’ compensation covers all reasonable and necessary medical expenses related to an employee’s work injury or occupational illness. This will encompass ambulatory services, emergency room care, surgeries and procedures, prescription costs, and mobility aids, to name just a few. Additionally, travel to and from the pharmacy will be covered if the round-trip distance is greater than 10 miles.

Permanent Disability

Under South Carolina workers’ compensation law, employees who meet certain criteria may be eligible to receive permanent partial disability (PPD) or permanent total disability (PTD) benefits. A worker who has sustained an injury that prevents them from working in any capacity long-term will be eligible to receive permanent total disability (PTD) benefits.

Generally, these benefits last 500 weeks. However, if your injury resulted in paraplegia, quadriplegia, or a traumatic brain injury, benefits will last a lifetime.

Alternatively, if your injury results in the loss of use of a body part or a traumatic amputation, PPD benefits will apply. PPD benefits are based on a disability schedule. Located under SC Code §42-9-30, compensation benefits will correlate with the affected body part. For example, the loss of a foot is subject to 140 weeks of disability pay at the rate of 66 2/3% of your average weekly wages. Your treating physician will also assign an impairment rating, which will determine your total compensation.

The higher your impairment rating, the greater your compensation. Bear in mind that if you choose to work during this time, benefits will be reduced.

Employer Retaliation

It is illegal for an employer to retaliate against an employee solely for filing a workers’ compensation claim. However, if your work injury occurred as a result of inebriation or reckless conduct, then an employer is within their right to take disciplinary action.

If you face any sort of retaliation from your employer, including being fired, demoted, or being on the receiving end of hostile treatment, you need to speak with a Greenwood workers’ compensation attorney. If we determine that your employer’s retaliation was unjustified, we will negotiate with the insurance company to fight for a fair settlement on your behalf.

Speak with a Greenwood Workers’ Compensation Attorney Today

For over 100 years, Nicholson, Meredith & Anderson have assisted hardworking employees who have experienced harm due to a work injury or occupational exposure. If you have recently filed a workers’ comp claim and have experienced unfair treatment or other repercussions as a result, our Greenwood workers’ compensation lawyers would like to hear from you. Besides paying you for your injury, your employer may be responsible for paying you for other losses incurred due to your termination. To discuss your matter with our legal team, contact us online or give us a call at 864-229-7241 to schedule a free case analysis.