Legal Question in Employment Law in South Carolina
lay off after an accident
father in law worked at job for 12 years,found out he had cancer,took 1 week leave, went back to work,fell on job 3rd or 4th day back,broke hand , went back to work , 2 or 3 days later,the next friday company called and said they had to lay him off,
father in law said company removed obstruction that day
1 Answer from Attorneys
Re: lay off after an accident
His fall at work would be a compensable workers' compensation accident. He is entitled to payment for medical benefits, time out of work and any disability resulting from that accident. If his fall aggravated any pre-existing condition (including cancer), then he would be entitled to the same benefits with regards to those pre-existing conditions as with the hand injury. If he was terminated as a result of a work-related injury, then his employer could also be liable for Retaliatory discharge. If he was terminated because his employer perceived his cancer to be a permanent disability then he could sue under the ADA (Americans with Disabilities Act).
Let me know if you have any additional questions.
Al Martin
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