Legal Question in Workers Comp in South Carolina

In SC the Retaliatory Discharge Act is a state law that prohibits an employer from firing you because of a workers' compensation claim. The FMLA is a federal law that applies in SC to employers with 50 or more employees. If you are working for one of these larger employers, and had been employed there for at least 1250 hours over the last 12 months, then you would be protected. There is also a state version of this law that applies to smaller employers in certain situations. There are some unique issues that apply in a workers' compensation situation that will affect when you may want to apply for FMLA. Lot's of employers run FMLA concurrently with your worker's compensation leave. This is solely beneficial to them, not you. I recommend you speak with an experienced workers' compensation attorney in your area. Most offer a free initial consult.