In South Carolina, the workers’ compensation system operates on a “no-fault” basis. Employees do not need to prove their employer’s negligence to receive workers’ compensation benefits for work-related injuries or illnesses.
Instead of filing a lawsuit in civil court, affected employees must submit a workers’ compensation claim to seek benefits. This system is designed as the exclusive remedy under state law, which generally prevents employees from suing their employer directly for workplace injuries.
However, in certain situations, employees might still have the right to sue third parties, such as product manufacturers, contractors, or vendors, who might be responsible for their injuries. While it’s possible to manage a workers’ compensation claim independently, consulting with a workers’ compensation attorney is advisable.
Most lawyers offer a free initial consultation to help you understand your rights and ensure you are fully compensated.
When You Can Sue Outside of Workers’ Compensation?
According to the Bureau of Labor Statistics (BLS), nearly 150,000 Carolina workers experience workplace accidents yearly. While some of these incidents might result in only minor injuries, others can have severe long-term consequences for an employee’s health and financial stability.
Workers’ compensation is a crucial safety net, offering necessary medical care and compensating for some lost wages during recovery. Some employers may neglect to secure proper workers’ compensation insurance despite its mandatory nature.
In such cases, affected employees might be able to sue their employer directly for injuries sustained.
There are specific circumstances under which suing outside of workers’ compensation might be appropriate:
- Defective Product Injuries: If you are injured due to defective tools, machinery, office equipment, or other supplies used at work, you may have grounds to file a lawsuit against the manufacturer.
- Toxic Substance Exposure: Employers who fail to adhere to safety regulations regarding hazardous substances might be held legally accountable if an employee suffers injuries or illnesses due to this negligence.
- Third-Party Injuries: If your injury results from actions by a third party, such as a subcontractor or vendor, you might be entitled to seek compensation through a personal injury lawsuit. This covers accidents caused by negligence, unintentional harm, or intentional acts such as assault.
What Compensation Available Through a Lawsuit in South Carolina?
Under South Carolina law, filing a workers’ compensation claim provides several benefits, though there are restrictions on the amount and duration of compensation you can receive. In some cases, pursuing a personal injury lawsuit may enable you to claim additional damages unavailable through workers’ compensation.
The compensation includes:
- Future Medical Expenses: A personal injury lawsuit can cover future medical expenses, ensuring compensation for ongoing treatments, diagnostic tests, medications, and therapy related to your injuries, reducing the financial strain on your recovery.
- Full Compensation for Lost Income and Benefits: A personal injury lawsuit offers full compensation for all lost wages and benefits, including future income losses, unlike workers’ compensation, which covers only a fraction for a limited time.
- Pain and Suffering: Personal injury claims allow compensation for non-economic damages like mental anguish and loss of enjoyment, acknowledging the emotional distress caused by your injuries beyond workers’ compensation coverage.
- Punitive Damages: Punitive damages punish reckless or negligent behavior, offering additional financial compensation in personal injury lawsuits beyond standard damages and deterring similar actions in the future.
Why Do You Need a Lawyer to Sue a Company After a Work Injury?
Handling South Carolina’s workers’ compensation laws can be complicated, especially without a legal background. It’s advisable to consult with a workers’ compensation lawyer immediately following a workplace injury.
Consider hiring an expert South Carolina workers’ compensation attorney if you encounter any of the following situations:
- Your employer or their insurance company complicates your compensation process.
- You cannot work for an extended period due to a work-related injury or illness.
- You experience retaliation from your employer or supervisor after filing a workers’ compensation claim.
- You face difficulties obtaining the necessary medical treatment.
- You are applying for or receiving Social Security Disability Insurance, or other government benefits that your workers’ compensation claim could impact.
While it’s possible to manage your claim independently, having professional guidance may better serve your interests. Our South Carolina workers’ compensation attorneys are here to clarify your options, outline your entitlements under the law, and discuss how we can assist you.
When Is It Possible to Sue Your Employer for an Injury Alongside Filing for Workers’ Compensation?
When you’re dealing with injuries or illnesses from your workplace, it can affect your ability to earn a living both now and in the future, making it hard to support yourself and your family. Medical expenses can be astronomically high, easily reaching hundreds of thousands of dollars on top of the income and benefits you lose.
In such circumstances, it’s important to secure the full compensation you deserve. While you might be in the process of claiming workers’ compensation, there are situations where you can also file a personal injury lawsuit. Here are a few scenarios where this might be applicable:
- Insufficient or No Workers’ Compensation Insurance: Employers are usually required to have workers’ compensation insurance, like in South Carolina, for businesses with over three employees. However, some employers may not comply, or their coverage might be insufficient, leaving you without adequate compensation for work-related injuries.
- Intentional Harm by Your Employer: If your employer intentionally put you in harm’s way, they could be held liable in court. While workers’ compensation covers medical bills and some lost wages, a civil lawsuit might entitle you to additional damages for intentional harm, offering broader compensation beyond what workers’ comp provides.
This approach ensures that you explore every legal avenue to obtain the compensation needed to address the full extent of your losses and suffering.
What Mistakes to Avoid When Filing Your SC Workers’ Comp Claim?
Here are some common mistakes people often make when reporting and filing claims for work-related injuries or occupational diseases.
Failing to Notify Your Employer Immediately
You must inform your employer about an injury within 90 days to stay eligible for workers’ compensation benefits in South Carolina. This notification should be detailed, especially for gradual injuries like carpal tunnel syndrome. While you have two years to file a claim, prompt reporting ensures you don’t lose your rights over technicalities.
Only Reporting the Injury to Medical Professionals
Seeking medical care is essential, but notifying your employer is equally important. Doctors treat injuries, not report them. Ensure you officially inform your employer within 90 days of the incident. Failing to do so could jeopardize your workers’ compensation claim, even if you’ve already sought medical treatment for your workplace injury.
Assuming You Don’t Have a Claim
Report any work-related injury, no matter where or how it happened. This includes injuries from offsite duties or repetitive tasks like typing. South Carolina workers’ compensation laws cover a wide range of injuries, including repetitive trauma, ensuring you receive the benefits you deserve regardless of the injury’s location or cause.
Not Reporting Aggravations to Pre-Existing Conditions
If a workplace injury worsens a pre-existing condition, you’re still entitled to workers’ compensation benefits. These cases can be complex, so legal assistance is recommended to navigate the process and ensure you receive the benefits you’re entitled to, even when the injury involves pre-existing health conditions.
Not Reporting Due to No Missed Work
Report all workplace injuries, even if you didn’t miss work. Workers’ compensation in South Carolina covers more than just lost wages; it also includes medical treatments and expenses. Early reporting ensures that you avoid complications and secure coverage for any ongoing or future medical needs related to the injury.
Believing the Injury Must Be From an Isolated Incident
South Carolina workers’ comp covers injuries that develop gradually, like occupational diseases or repetitive trauma. It’s crucial to report these conditions as soon as they’re recognized, even if there isn’t a single event to blame. Immediate reporting ensures you receive the benefits you’re entitled to for long-term, work-related conditions.
Relying on Health Insurance Instead of Filing a Claim
Using health insurance instead of workers’ comp can be costly. Workers’ comp fully covers medical expenses and offers disability benefits, unlike private health insurance. Filing for workers’ comp protects your rights, as South Carolina law prevents employer retaliation, ensuring you get the compensation and coverage you deserve.
Reach to Our Work Injury Lawyers in South Carolina!
Understanding the costs associated with legal representation is essential. At the CEO Lawyer Personal Injury Law Firm, our workers’ compensation attorneys operate on a contingency fee basis.
This means you will not pay any upfront costs; our payment is a percentage of your compensation. This fee structure ensures that our goals align with yours. It allows you to pursue your claim without the burden of immediate legal fees, making legal assistance accessible to everyone, regardless of their financial situation.
Don’t lose hope if your workers’ compensation claim has been denied. You can appeal the decision and advocate for the benefits you deserve. Whether you’ve suffered an injury at work in South Carolina or need guidance on filing an appeal, the dedicated attorneys at Joye Law Firm are here to help you secure the compensation and benefits you deserve.
Call our Work Injury Accident Lawyers at (864) 664-3865 or schedule your complimentary consultation. We’ll help you explore your legal opportunities.
