Were you hurt while at work in South Carolina? You may have questions about your rights to seek compensation, including about the differences between workers’ comp and personal injury claims.
At Smith & Jones Law, LLC, we handle both workers’ compensation claims and personal injury claims. Our Lexington workers’ compensation attorneys want to make sure that you have the knowledge and tools to protect your interests.
Within this article, you will find a guide to the key things to know about job-related injuries and the differences between workers’ comp and personal injury in South Carolina.
Workers’ Comp vs. Personal Injury in South Carolina
Injured workers in South Carolina should be aware of the difference between a workers’ comp claim and a personal injury claim. They are unique causes of action with different rules. Here are four of the most notable differences between workers’ comp law and personal injury law in South Carolina:
- Personal Injury Requires Proving Fault (Workers’ Comp Does Not): A big difference between a workers’ comp claim and a personal injury claim is fault. In a South Carolina personal injury claim, the victim must prove that the defendant is negligent or otherwise at fault. Liability is a core element. However, in contrast, South Carolina’s workers’ compensation system is no-fault. An employee can recover benefits even if no one caused the accident. The distinction is crucial. Workers’ comp is designed to provide swift relief without litigation. Injured workers do not need to prove fault. Still, all work injuries in South Carolina should be thoroughly investigated to determine exactly what went wrong.
- The Types of Compensation that are Available (Broader Damages in Personal Injury Claims): Although workers’ comp is paid on a no-fault basis in South Carolina, benefits are more limited. Injured employees can receive coverage for medical care, wage replacement (usually a portion of average weekly wages), and permanent disability benefits. Pain and suffering, emotional distress, and punitive damages are not available. In contrast, a personal injury claim allows victims to pursue a much broader range of damages, including full lost wages, loss of future earning capacity, pain and suffering, and more. The tradeoff is that the burden of proof and litigation risk are much higher.
- Who You Can Sue (Workers’ Comp is Limited to Employer): South Carolina workers’ compensation claims are made exclusively against your employer (and their insurance provider). You generally cannot sue your employer or co-workers for negligence. However, in a personal injury case, you may file a claim against any at-fault party, including people, businesses, property owners, or even government entities.
- The Process for Filing a Claim (Workers’ Comp is Administrative, Personal Injury is Civil Litigation): Filing a South Carolina workers’ comp claim is an administrative process governed by the South Carolina Workers’ Compensation Commission. There are strict deadlines, including a 90-day notice requirement and a two-year statute of limitations under S.C. Code § 42-15-40. Disputes are resolved through commission hearings. On the other hand, personal injury claims follow the civil litigation process. Most cases start with a demand letter sent to the defendant or its insurer. They may be settled outside of court. However, if a settlement cannot be reached, litigation may follow.
SC Hurt at Work: What Type of Claim Do I Have?
The South Carolina Occupational Safety and Health Administration (SC OSHA) reports that around 30,000 people are hurt at work in the state each year. If you were injured on the job, it is crucial that you know what type of claim you have. As long as it arose out of and occurred within the course and scope of your employment, your claim is a workers’ compensation claim. You can and should file for no-fault workers’ comp benefits to seek compensation for medical care and wage replacement. You may also have a personal injury claim against a non-employer third party.
Personal Injury, Workers’ Compensation (Not Exclusive Claims)
Workers’ compensation claims and personal injury claims are not necessarily exclusive in South Carolina. As an injured worker, you may be able to file both a workers’ compensation claim and a personal injury claim. Here are the key points to be aware of:
- You cannot sue your employer or a co-worker for negligence if you are covered by South Carolina’s workers’ compensation system. That is your exclusive remedy against them.
- However, you can file a separate personal injury claim against a third party who caused or contributed to your injury.
In other words, after a work accident in South Carolina, you should most likely file for no-fault workers’ comp benefits.
That is effectively your claim against your employer. Beyond that, you may also have a personal injury claim (third-party liability lawsuit) against any negligent party other than your employer, such as a contractor, subcontractor, property developer, or equipment manufacturer.
Why Victims and Families Trust Smith & Jones Law
Following an accident at work or otherwise, you must be able to secure full and fair financial compensation. At Smith & Jones Law, LLC, we fight for justice for victims in all types of work injury cases, including third-party liability claims. No matter the specific circumstances that you find yourself in, a top attorney can help you determine the right path forward.
Our case results show what we can do for victims and families. You can contact us today for a free consultation with a South Carolina workers’ comp lawyer and/or a South Carolina personal injury attorney.
Schedule Your Free Consultation With Our South Carolina Attorneys Today
At Smith & Jones Law, LLC, we have the knowledge, skills, and experience to handle the full range of accident cases, including both workers’ comp claims and personal injury claims. If you or your family member was hurt while at work, we are here to fight for your rights. Contact us today for a free, no-obligation, and fully confidential initial case review. With offices in Lexington and Mauldin, we represent victims and families throughout the surrounding region in South Carolina.