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I Was Hurt At Work in South Carolina: Can I Be Forced To Quit?

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On the job injuries can be devastating and life affecting. After you’ve been injured on the job, you may find yourself unable to work for an extended period of time. Unfortunately, many unscrupulous employers attempt to use serious work injuries to force you to quit your job. There are many reasons for this, all of them having serious consequences.

If you’re worried about being forced to quit your job after a workplace injury, you need to find out more about your legal rights. Learn how to avoid being forced to quit after a work injury and get advice for hiring a workers’ compensation lawyer for legal assistance.

Reasons Your Employer May Force a Resignation

Employers attempt to force employees to quit after work injuries for a variety of reasons. The most common reason is that the employer is attempting to get out of paying the workers’ compensation benefits that you deserve.

Another reason your employer might request your resignation is that your injury will prevent you from working and they would prefer replacing you instead of keeping your job vacant until you can start working again. Also, your employer may be trying to avoid paying unemployment benefits or possibly being sued for wrongful termination. If you quit, you won’t be entitled to unemployment.

It is illegal to fire an employee for suffering a work injury and being unable to perform their job, which is the main reason an employer will try to force you to quit.

A Forced Resignation is the Same as Being Fired

Another term for being pressured to quit after an injury is “forced resignation”. When your employer is trying to force you to resign, they may make your work experience as difficult or stressful as possible. They may also pressure you to quit as the right thing to do for the company.

However, if you quit for either of the previously mentioned reasons, you have not quit voluntarily. Being forced to quit against your will is known as a constructive discharge. If you’ve experienced a constructive discharge, you have the same legal rights as someone who has been fired, including being eligible for unemployment benefits.

Don’t Give Up After a Work Injury

The most important factor after a workplace injury is to not give up your rights. After a serious work injury, you will most likely be very mentally and physically vulnerable, which makes it much easier for predatory employers to force you to resign. Immediately after your injury, you should familiarize yourself with your legal rights, particularly that you cannot be forced to quit your job if you don’t want to.

Remain vigilant and you will be able to get the workers’ compensation or unemployment benefits that you deserve.

Have an Attorney on Your Side

If you’ve suffered a work injury and have been forced to quit against your will, then you need legal help from an experienced lawyer from Harris and Graves, P.A. The Harris and Graves team understand the legal implications of workplace injuries and can protect your rights and protect you from a forced resignation. Contact us today to learn how Harris and Graves can help you.