Can I file a Workers’ Comp Claim if I was at Fault?

Greenville and Columbia Workers’ Comp Lawyer

Fault doesn’t Matter  in Workers’ Comp

I used to represent insurance carriers and now I represent injured people all over the State of South Carolina.  One of the main questions I receive in a workers’ compensation claim is whether or not the injured worker can file a work comp claim if it was the employee’s fault. The other question is whether or not an injured worker can “sue” their employer because it was the employer’s fault for the injury. The short answer is that an insurance company  cannot deny your claim if the accident is your fault and you cannot sue your employer if it was their  fault.  The South Carolina Workers’ Comp system is a “no fault” system.

A “No Fault System” means whether the accident was due to an accident or due to an actual violation of a work safety rule it is still a compensable (work related) accident under the South Carolina Worker’s Compensation Act. The fault of an injured worker should have no bearing on the right to benefits. See the case of   Jones v. Harold Arnold’s Sentry Buick, 376 S.C. 375, 656 S.E.2d 772 (S.C. App. 2008).  Like every rule there are some exceptions: horseplay, substantial deviation, fighting, intentional injury, etc.

My Comp Case is Denied- Why?

Sometimes there really is not clear answer. We have clients that come to us with a  denied case with and without reason.  Generally speaking a work injury should be covered if it was in the scope of employment and in furtherance of company business.  Sometimes preexisting conditions are denied until a doctor says there was an aggravation. Sometimes work comp claims are denied “in order to investigate”.  And sometimes they are denied for no reason whatsoever.

An  Injury Lawyer Can Help

A lawyer that knows the South Carolina Workers Comp’  Act can assist you to make sure you get medical care, weekly wage benefits and possibly a  settlement at the end. Injury lawyers work on a contingency fee which  means if you don’t win your case and get money at the end then you wont owe them an attorney fee.  Why would you not take advantage of a workers comp free consultation?  Who is protecting you?

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