If you suffer an injury at work, you will likely face physical and financial challenges. Depending on your injury, you may feel concerned about your financial situation. At the Dan Pruitt Injury Law Firm, our Greenville workers’ compensation attorneys can answer your question, “Can I sue my employer for workplace injury?” This is what you should know.
Can I Sue My Employer for Workplace Injury?
The short answer is maybe. In general, suing for a workplace injury is not possible. Instead, you need to file a claim with the workers’ compensation insurance company. However, there are instances when you can sue your employer directly.
What Is Workers’ Compensation?
Workers’ compensation is insurance your employer pays for you and every other employee at your company. This no-fault insurance covers work-related illnesses and injuries. It may cover medical care, vocational training and even a portion of your lost wages (typically two-thirds of your earnings). You can also gain death benefits for a loved one who died due to a workplace injury.
The goal of workers’ compensation is to help you return to work. Therefore, if you become disabled, your workers’ compensation disability benefits have a limited time frame and a maximum weekly compensation rate of $1,093.67 in 2024.
What is the Exclusive Remedy Rule, and How Does It Protect Employers?
Under the exclusive remedy rule, you cannot sue your company if you receive an injury at work, especially if you get workers’ compensation benefits. This protects employers because you cannot file a personal injury lawsuit under this rule.
Companies in South Carolina paid $866 million in premiums to workers’ compensation insurance companies in 2022, and commercial insurance companies provided 77% of these policies. This insurance and its premiums allow you to receive remedies quickly, and commercial insurance companies make the process more efficient and effective. This insurance and the rule protects your employer’s finances because it has already paid its insurance company to protect it from lawsuits.
How To File Workers’ Compensation Claim in South Carolina
Ask an attorney if you can sue your employer for a workplace injury before you complete your workers’ compensation claim because you should understand whether you have a personal injury case, and you cannot sue in most cases after you receive workers’ compensation benefits.
To file your claim, notify your employer as soon as possible about your workplace accident. Get medical attention as soon as you get injured or recognize your illness. Gather your medical records and supporting documents, including the following:
- Your employer’s name and contact information
- Details about your injury and treatments
- When you received your injury and notified your employer
- The doctor or medical facility where you received treatment
- The benefits you desire
Then, fill out South Carolina’s Workers’ Compensation Commission Form 50. Include the date, location and type of accident. Detail your injuries and who you spoke with at your work when the incident happened. Although you have two years to complete your forms, do so as quickly as possible. If your claim gets denied or contested, request a hearing.
How To File Third-Party Workers’ Compensation Lawsuit
In some cases, you can file a personal injury lawsuit even if you received benefits. You can also file a complaint with the county court where the incident occurred within three years of the incident, but learn the court’s rules and procedures.
You can also work with a lawyer. Our attorneys understand the laws that govern workers’ comp and third-party claims, how to build a case, court procedures and rules and the lawsuit process.
What Is the Role of Your Attorney in a South Carolina Workers’ Compensation Claim?
As you review information about suing your employer for a workplace injury, contact our workers’ compensation claim attorneys. We can explain your rights and help you prepare your claim and appeal, organize your documents, investigate the cause of your injury, negotiate your settlement and valuate your case. Our attorneys can also help you determine whether your case qualifies for a personal injury lawsuit against your employer.
Ask Can I Sue My Employer for Workplace Injury?
If you received a workplace injury and need help with your workers’ compensation claim or appeal or answering the question, can I sue my employer for workplace injury, contact a workers’ compensation attorney at Dan Pruitt Injury Law Firm today.
Workers’ Comp and Third-Party Claims FAQs
What should I do after a workplace injury?
After you become injured or receive a diagnosis, immediately notify your employer and fill out any paperwork required. Go to a doctor immediately, and follow your doctor’s treatment plan completely. Gather all your documentation about the incident, including photographs, witness statements and your medical records. File your claim or seek the help of our workers’ compensation attorneys.
What steps do I take if I receive a workers’ compensation claim denial?
If your claim gets denied, find out why. Then, file an appeal or contact one of our attorneys to help you with your case and appeal.
How do I choose a workers’ compensation lawyer?
Search for a firm with at least five years of experience with workers’ compensation claims. After you receive a consultation on your case, consider the atmosphere, resources, experience and personalities of the firm. Choose a firm like ours with a record of success.
Why should I file a lawsuit?
If your case is eligible, a personal injury lawsuit can result in greater compensation. You could receive your full salary losses, future medical treatment costs, emotional distress, quality of life losses and pain and suffering.