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Workers' Comp FAQs: Does Filing for Workers' Compensation Mean I Have To Sue My Employer?

Workers' Comp FAQs: Does Filing for Workers' Compensation Mean I Have To Sue My Employer?

| Aug 5, 2016

No. Contrary to popular belief, when an individual files for workers' compensation benefits, they often are NOT suing their employer. If you are injured on the job, after you give your employer timely notice, your employer is responsible for filing a claim with their insurance company for review by the South Carolina Workers' Compensation Commission. Even if your employer fails to file the claim correctly, this is likely not grounds for a lawsuit against your employer. There are different circumstances for when you may be able to sue your employer, but most companies in South Carolina are required to have workers' compensation benefits for their employees to protect both their employees and themselves in the event of a work-related accident.

If the Accident was YOUR Fault, Can You Still Collect Compensation?

In many cases, yes. South Carolina has a "no-fault" workers' compensation system. This means that regardless of who is at fault for your work injury, your employer's workers' compensation insurance should cover the medical bills and lost wages you incurred after the accident, if it meets certain criteria. Generally, you must have been hurt while on the job and because of the job to collect benefits. Unless your employer intentionally caused you harm, you usually cannot pursue legal action against your employer for an accident on the job. If your boss or co-worker deliberately hurt you while you were working, please call our firm for a free consultation.

What if Your Employer Doesn't Have Workers' Compensation Insurance?

Call an attorney. In some cases, it is possible to get Workers’ Compensation Insurance coverage even if the person who pays you does not have Workers’ Compensation Insurance.

What if Your Employer Threatens to Fire You?

Under South Carolina workers’ compensation law, you are protected against any retaliation from your employer for filing a workers' compensation claim, including demotion, termination, decreased wages, or unwarranted disciplinary actions. If your employer fires you because of your work-related injury, it’s likely against the law. The law of South Carolina protects workers who are injured on the job.

What if Your Work Environment Doesn't Meet OSHA Standards?

The Occupational Safety and Health Administration (OSHA) requires employers to protect workers from hazards in their work environments, including dangerous machinery, toxic chemicals, and extremely hot or cold conditions. If you believe your working conditions do not meet OSHA standards, you should file a complaint directly with OSHA by visiting http://www.scosha.llronline.com/. If you feel that your complaint isn't being heard, you can get help from an experienced work injury lawyer.

Talk About Your Case with a South Carolina Workers’ Comp Lawyer

As a rule of thumb, you usually cannot sue your employer for an injury sustained at work. You can file a workers' compensation claim with the Workers’ Compensation Commission to get the money you need to cover medical bills, lost wages, and other related expenses. Contact a knowledgeable South Carolina workers' compensation attorney at George Sink, P.A. Injury Lawyers to fight for your right to compensation.

Time is of the Essence!

If you don’t file quickly, then you may lose your rights to compensation for your injuries.

Call our Workers’ Compensation Attorneys now for a FREE case evaluation!

Categories: Workers Compensation
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