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Can I Sue My Employer for a Work-Related Injury?

In most cases, you cannot sue your employer for job-related illnesses and injuries in South Carolina. SC workers’ compensation laws prevent employees from bringing personal injury lawsuits against their employers if their employers provide no-fault workers’ compensation insurance. Nearly all employers are required to maintain workers’ comp coverage in Greenwood. However, there are some exceptions to the rule preventing work-related injury lawsuits.

You should always discuss your concerns with an experienced Greenwood, SC, workers’ compensation lawyer from Nicholson, Meredith & Anderson. Because our dedicated attorneys also handle personal injury claims, we might help you determine whether you need to claim workers’ compensation or sue your employer. Schedule a free and confidential injury consultation today by calling (864) 229-7241 or connecting with our legal team online.

Overview of South Carolina Workers’ Compensation Law

Title 42 of the South Carolina Code sets forth the state’s workers’ compensation laws. Workers’ comp is an insurance system that provides no-fault benefits to employees who suffer from work-related injuries or illnesses. The most common WC claims result from the following:

• Slip-and-falls
• Falling debris/struck-by accidents
• Car crashes
• Overuse
• Equipment malfunctions
• Co-worker negligence
• Chemicals and toxins

Even if you’re responsible for the injury, you might still claim full workers’ comp benefits in SC. In exchange, you cannot sue your employer or a co-worker for negligence.

Suing Employers for Work-Related Injuries or Illnesses in Greenwood

Though workers’ compensation provides employers with strong legal protections, there are a few exceptions to South Carolina’s workers’ comp legislation. If your claim falls into one of the following categories, you might be permitted to sue your employer:

• No Insurance: Some employers intentionally violate the law by refusing to pay for workers’ compensation insurance. In such cases, you might sue your employer directly for negligently inflicted work-related injuries or illnesses.
• Intentional Conduct: Workers’ comp covers injuries or illnesses resulting from carelessness and general negligence. If your employer or co-worker intentionally assaulted or abused you, you might sue them directly for these injuries.
• Third-Party Injury: If a third party caused or contributed to your injury, you might sue this individual or entity for damages even if you cannot maintain a lawsuit against your employer.
• Independent Contractors: Only employees are barred from suing their employer for personal injuries. Independent contractors may sue for injuries sustained on a contract job resulting from another person’s unlawful conduct.
• OSHA Violations: In high-risk occupations such as construction, employers must comply with federal occupational health and safety standards. Employers who intentionally violate OSHA standards, often for monetary reasons, leading to employee injuries or illnesses, might be directly liable for damages.

An experienced attorney can analyze your case to determine whether you qualify to file a direct lawsuit against your employer.

Connect with a Greenwood Workers’ Comp and Personal Injury Attorney

You cannot generally sue your employer for injuries or illnesses sustained on the job. However, you might qualify for no-fault medical and lost wage benefits through your workers’ compensation insurer. Discuss your rights and financial recovery options if you suffered a work-related injury or illness in Greenwood with the experienced workers’ comp lawyers at Nicholson, Meredith & Anderson. Call (864) 229-7241 or contact us online to schedule a free case analysis.