Our David W. Martin Accident and Injury Lawyers in South Carolina know that, generally, you cannot file a personal injury claim against your employer for injuries sustained while on the job.
This is because South Carolina has a workers’ compensation system that provides benefits to employees injured on the job, regardless of fault.
Our workers’ compensation attorneys know the system is designed to provide a streamlined process for injured workers to receive compensation for medical expenses and lost wages without having to prove fault or negligence on the part of their employer.
In exchange for these benefits, employees typically waive their right to sue their employer for additional damages related to the injury. However, there are some exceptions where you can file a personal injury claim against your employer in South Carolina.
When Can I File a Personal Injury Claim Against My South Carolina Employer?
Typically, though there are extenuating circumstances, three scenarios may allow a South Carolina employee to file a personal injury claim against their employer directly.
They include:
- Intentional Harm
If your employer intentionally caused your injury, including cases of assault, battery, or other intentional acts, you may have grounds for a personal injury lawsuit.
- Third-Party Liability
If your injury was caused by the negligence of someone other than your employer or a co-worker, you may be able to file a personal injury claim against that third party.
This may include being injured in a car accident caused by a negligent driver while driving for work or being injured by defective machinery. In either case, you may be eligible to file a personal injury claim against the driver liable for the crash or the equipment manufacturer.
- Your Employer Does Not Have Workers’ Compensation Insurance
According to the South Carolina Workers’ Compensation Commission, businesses with at least four employees are required to have workers’ compensation insurance. This includes full-time, part-time, and family members working for the business and applies to for-profit and non-profit businesses.
If your employer is required to carry workers’ compensation insurance but fails to do so, you may be able to file a personal injury lawsuit against them.
If you have suffered a South Carolina workplace injury and are unsure whether your claim falls under personal injury or workers’ compensation laws, we can help you determine which resources you can pursue so you can focus on your physical recovery.
Contact Our David W. Martin Accident & Injury Lawyers Today
Contact our David W. Martin Accident & Injury Lawyers today at (803)-258-6199 to learn more about your legal rights and options to hold the negligent party liable for your complete recovery needs.
We provide free consultations for all South Carolina personal injury and workers’ compensation cases. We never charge legal fees unless we deliver a positive outcome for your unique case.