Work Injury Limited to Workers’ Compensation Claim
One of the questions I get frequently is whether or not a person can sue their employer if they are injured on the job when the employer is at fault for the injury.
The South Carolina Workers’ Compensation Act and system is called a “no fault” system. This means that an employer cannot deny an on the job injury claim just because the employee was at fault. Likewise, an employee cannot “sue” an employer for negligence or fault. The injured workers is limited to recovery under workers comp. The example I always give is that an employer cannot deny your eye injury just because you were not wearing your safety glasses. Conversely, you cannot sue an employer because they did not give you safety glasses to wear. The proper legal remedy is a South Carolina Workers’ Comp claim.
You Can Sue a 3rd Party for Their Negligence
We recently settled a case against a 3rd party injury case for $500,000. This injury arose out of an on the job injury. Our client was at work and was struck by a truck driven by a 3rd party company in the parking lot of the employer. The employer provided medical and workers comp benefits. We brought a claim against the driver of the vehicle because he worked for a different employer. These cases are allowed. However, it is important to seek guidance of an experienced injury lawyer because if you don’t settle the cases in the proper order then your comp benefits could be terminated. Also, workers’ comp may tell you have to pay them some of the money back. How do you know if you are paying the correct amount back?
Free Consultation- Columbia to Greenville Workers Comp Injuries
Our Columbia and Greenville offices both offer free consultations. When you have a job injury or any other type of personal injury, why would you not at least speak with a lawyer to learn your rights? If you want a free consultation then contact us now before you jeopardize your case.