No matter what your job is in South Carolina, chances are very good that you will suffer a work-related injury or illness at some point. If that happens, you might wonder whether you can sue your employer for compensation.
In most cases, you cannot sue your employer for work-related injuries and illnesses in South Carolina. However, you likely qualify for workers’ compensation benefits. It’s also possible that you may have a case for a personal injury claim against a third party who is not your employer or a co-worker.
The South Carolina work injury lawyers at Jebaily Law Firm are firmly committed to protecting injured workers’ rights. If you’ve suffered a workplace injury or illness in South Carolina, we are ready to guide you through the workers’ compensation claim process and determine whether you have grounds for a third-party personal injury claim. With over 100 years of combined legal experience and a proven track record in complex cases, you can trust us to fight for maximum compensation for you.
Call now or complete our contact form for a free consultation.
How Can You Secure Compensation for Workplace Injuries in South Carolina?
Most South Carolina workers qualify for workers’ compensation benefits, regardless of whether they work full-time, part-time, or seasonally. According to South Carolina law, any South Carolina business that employs four or more people must provide workers’ compensation insurance for their workforce. As long as the injury or illness happened while the worker was performing their job-related tasks, eligible workers can receive workers’ comp benefits.
Crucially, workers’ compensation is a no-fault system. That means it doesn’t matter who caused the injury or illness. If the worker was injured while fulfilling work duties, they are entitled to benefits. That’s the trade-off for not allowing lawsuits against employers in most circumstances.
In addition to workers’ compensation benefits, workers can also sue third parties who caused their injuries. For example, an employee injured in a car accident while on a sales trip could sue the at-fault driver in a personal injury claim while collecting workers’ comp benefits for their work-related injury.
Basics of SC Workers’ Compensation Claims and Benefits
South Carolina’s workers’ compensation system provides many benefits for injured workers, including:
- Medical benefits – These benefits include full coverage for doctor visits, hospital stays, medications, physical therapy, and any necessary surgeries.
- Total disability benefits – If an injury prevents you from working altogether, these benefits replace a portion of your lost wages, typically two-thirds of your average weekly earnings, up to a limit. For 2024, the maximum weekly benefit workers can receive is $1,093.67. These benefits are available for 500 weeks. However, in cases of brain injury or paralyzing spinal cord damage, lifelong benefits may be available.
- Temporary partial disability benefits – For workers who can return to work but earn less due to their injury, these benefits help cover a portion of the wage difference.
- Permanent partial disability benefits – Workers who suffer permanent injuries but can still work may receive compensation based on the type and severity of the impairment.
- Vocational rehabilitation – Injured workers who cannot return to their previous jobs may receive training or education to transition into a new career.
- Mileage reimbursement – Workers can receive reimbursement for travel expenses related to medical appointments and treatment for their injuries.
When Can You Bring a Personal Injury Case in Addition to Filing for Workers’ Compensation?
You can pursue a personal injury lawsuit along with a workers’ compensation claim if someone other than your employer or a coworker caused your injury. For example, if your injury occurred because of an equipment defect, you could pursue a personal injury claim against the company that made the defective equipment.
While personal injury claims require you to prove fault to win your case, they also provide compensation for losses a workers’ comp claim doesn’t cover, such as:
- The full amount of your lost wages
- Your pain and suffering
- The cost to repair or replace your damaged property
Under South Carolina law, you typically have three years from your injury date to file a personal injury lawsuit, though certain exceptions could apply in specific circumstances. Talk to our attorneys right away to avoid jeopardizing your right to compensation.
How to File a Workers’ Compensation Claim in South Carolina
You should seek medical treatment for a workplace injury immediately. Once you’ve seen a doctor, report the injury to your employer in writing. Make sure you report your injury to your employer within 90 days, or you could lose your right to workers’ comp benefits. If you can’t report the injury yourself, ask a trusted co-worker, friend, or family member to notify your employer.
Once you report your injury, your employer and their insurance company should review your claim and any supporting evidence you include. You can also submit your claim yourself by sending Form 50 to the state Workers’ Compensation Commission. If they approve your claim, you should start receiving benefits shortly. If your employer denies your claim, they must notify you in writing and explain the reason for their denial. You can then appeal their decision, and we recommend you get our lawyers’ help for any appeals.
How Long Do I Have to File a Workers’ Compensation Claim?
You typically must submit a workers’ compensation claim within two years of your injury to preserve your right to benefits. Talk to our lawyers now to find out more about the deadlines in your case.
What Is the Role of Your Attorney in a South Carolina Workplace Injury Case?
Your attorney has two key roles in a workplace injury case. The first is to help you submit your workers’ compensation claim and gather evidence to support your claim. Having legal representation helps you avoid potential mistakes that could hurt your claim. Your lawyer can also fight for your best interests if an appeal is necessary due to a denied or undervalued workers’ comp claim.
Your attorney’s other role in a workplace injury case is to assess whether you have a possible third-party claim. A personal injury claim can provide more compensation for your injuries, making it easier for you to move forward after a work-related injury. If you have cause for a third-party personal injury claim, your lawyer can handle the legal work and fight on your behalf for fair compensation.
Why You Need Our South Carolina Work Injury Attorneys
Workers’ comp claims and personal injury cases both involve complex legal procedures, lots of paperwork, and in-depth negotiations with insurance companies. Our lawyers can handle these tasks for you, letting you focus on healing and rebuilding your life.
Our South Carolina work injury attorneys are fully prepared to protect your rights in workers’ compensation and third-party claims. Call the Jebaily Law Firm now or reach out online to schedule a free case review with an experienced attorney at our firm.
