Hurt on the job in South Carolina? You may be wondering: Does our state have a no-fault workers’ compensation system? The short answer is “yes.” Workers’ compensation no-fault claims are standard in South Carolina. An injured worker does not need to prove that his or her employer was responsible for the accident to bring a successful claim. Here, our Lexington workers’ comp lawyer explains the key things to know about South Carolina’s workers’ comp laws.
Know the Law in South Carolina: No-Fault Workers’ Compensation
The South Carolina Workers’ Compensation Act is the primary state law that governs workers’ comp. It is a statutorily mandated no-fault workers’ compensation system. Under the law, an injured worker is not required to prove negligence, fault, or wrongdoing by the employer to recover benefits. Instead, the sole threshold issue is compensability. To bring a successful claim, an injured worker must establish (by a preponderance of the evidence) that his or her injury arose out of and in the course of employment.
For example, imagine that you were working at a construction site in Lexington. You suffered a traumatic brain injury (TBI) due to a falling tool. You have the right to seek workers’ comp benefits regardless of whether or not your employer’s negligence had any role in the incident. In other words, you only need to prove that you were hurt while working. You do not need to prove that your employer (or any other party) was at fault.
What to Know About No-Fault Workers’ Comp Benefits in South Carolina
Once compensability is established, the employer’s workers’ compensation carrier becomes responsible for defined statutory benefits. Those benefits include all reasonable and necessary medical treatment, temporary disability benefits during periods of wage loss, and permanent disability benefits where applicable. A top-rated Lexington, SC workers’ comp lawyer can help you understand the benefits that are available to you under the law.
Note: Fault-based defenses common in civil litigation, such as contributory negligence or assumption of risk, do not bar recovery. However, statutory defenses still apply. Claims may be denied for intoxication, willful misconduct, horseplay, or intentional self-inflicted injury.
No-Fault Benefits Does Not Mean Automatic Benefits
An important misconception to dispel is the idea that your claim will be automatically approved simply because workers’ comp benefits in South Carolina are no-fault. That is not the case. While you do not need to prove employer negligence to bring a successful claim, approval of workers’ comp is by no means automatic. In fact, employers/insurers in South Carolina can deny workers’ compensation claims on several different grounds, including:
- Failure to Provide Timely Notice: South Carolina law requires an injured worker to provide notice of a work-related injury within a timely manner. Injured workers should always report an accident to their employer as soon as possible. Delay could potentially be used as a justification by an employer to deny the claim. It is a best practice to report your accident (in writing) to your employer as soon as possible.
- Injury Not Work-Related: Workers’ comp in South Carolina is no-fault. However, insurers may argue that the injury lacks a sufficient causal connection to the job. If the accident resulted from a purely personal risk or an unrelated medical condition, the claim may be denied. Medical causation evidence becomes absolutely key should a dispute over this issue arise. An employer may deny a claim by asserting that the worker was not performing job duties at the time of injury. Accidents during breaks, commutes, or unauthorized activities could potentially lead to an employer raising this type of defense.
- Pre-Existing Condition(s): Another issue that can come up in workers’ comp claims in South Carolina is that of pre-existing conditions. Workers’ comp insurance carriers too often claim that symptoms stem from a pre-existing condition rather than a work-related injury. Without medical evidence showing an aggravation or acceleration of a pre-existing condition, an injured worker’s benefits may be denied. A top South Carolina workers’ comp attorney can help.
- Willful Misconduct (Intoxication, Drug Use, Horseplay, etc.): There is an exception to South Carolina’s no-fault standard for workers’comp.p An employer who is at fault for their own accident due to gross negligence may be deemed ineligible for workers’ comp benefits. For example, if alcohol or controlled substances contributed to the accident, the insurer may assert a statutory bar to benefits. Beyond that, intentional rule violations or active participation in horseplay could be raised. Still, this is not a negligence defense. It is not enough for an employer/insurer to prove that an employee caused his or her own injury. A denial is only valid using this type of defense if the worker engaged in willful misconduct.
Why Trust Our South Carolina Workers’ Comp Lawyer
Hurt on the job in Lexington or elsewhere in South Carolina? You have the right to seek compensation through a no-fault workers’ comp claim. However, even though fault is not required as a legal element, that does not mean that recovery is always easy. Quite the contrary, workers’ comp cases are complicated. Employers and insurance companies can make things challenging for injured workers. You do not have to figure everything out alone. At Smith & Jones Law, LLC, we are a proactive law firm with a proven record of case results. Your initial consultation with our Lexington work injury attorney is free, confidential, and carries zero additional obligations.
Contact Lexington Workers’ Comp Attorney For a Free Case Review
At Smith & Jones Law, LLC, our Lexington workers’ comp attorney is standing by, ready to help. If you have any questions or concerns about South Carolina’s workers’ comp system, we can help. Give us a phone call now or contact us online for a free case review. It is our goal to help injured workers get the best possible outcome. With a law office in the 29072 zip code of Lexington, we handle work injury claims across the broader region, including in 29071 and 29073, and the entire state of South Carolina.