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If you’ve been hurt on the job or in an accident in South Carolina, you may be unsure whether to pursue a workers’ compensation claim, a personal injury claim, or both. These two systems serve different purposes, follow different rules, and generally produce different forms of compensation. To decide which type of claim is right for you, you should first understand how each claim works, who is eligible to file each claim type, and what the goal of filing each claim type is. You should also seek proper legal advice from a work injury attorney.
At West Law Firm, our Summerville personal injury lawyers regularly handle both personal injury and workers’ compensation cases. We can assess your options, so please contact us for a free consultation about how we can help you fight for the compensation you deserve.
How Workers’ Compensation Works in South Carolina
Workers’ compensation insurance is a critical safety net for the state’s hardworking employees. Workers’ comp coverage typically covers full-time, part-time, and even temporary workers, and employers with four or more employees are legally required to carry workers’ compensation insurance.
Here are some important facts to know about workers’ compensation in South Carolina.
Fault for the Injury Is a Non-Issue
One of the most significant advantages of workers’ compensation is that you do not need to prove your employer was negligent. As long as your injury happened in the course and scope of employment, the workers’ compensation system usually covers it.
Workers’ Comp Insurance Covers a Few Devastating Losses
South Carolina’s workers’ compensation framework entitles injured workers to three primary classes of benefits:
- Medical benefits
- Lost wages
- Those related to permanent disability
More specifically, your employer’s workers’ compensation insurance may cover:
- Medical treatment for injury-related care
- A majority of your lost income
- Temporary total disability
- Permanent disability costs
- Vocational rehabilitation
- Death benefits for surviving family members harmed by a fatal work injury
These benefits can be a critical lifeline for employees recovering from job-related injuries and their loved ones. A Summerville workers’ comp attorney from West Law Firm will work hard to deliver you all the compensation you deserve from your employer’s insurance provider.
Workers’ Compensation Claims Have Deadlines
South Carolina requires injured workers to report the injury to their employer within a reasonable time, generally within 90 days of the injury happening. Formal filing of a claim with the South Carolina Workers’ Compensation Commission usually must occur within two years. Missing deadlines or filing a claim incorrectly may limit or jeopardize your benefits, so allow our workers’ compensation attorneys to help you with this process today.
How Personal Injury Claims Differ From Workers’ Compensation
One way a personal injury claim differs from workers’ compensation is that a personal injury claim is based on fault. To succeed in a personal injury claim, you must prove that another party’s negligence or wrongful conduct caused your injury, and, therefore, they should be liable for your losses.
Common examples include:
- A car accident caused by a negligent driver
- A slip-and-fall accident caused by a property owner’s failure to fix hazards
- Injuries caused by a defective product or machine
- Accidents caused by a negligent subcontractor or vendor
Unlike workers’ compensation, a personal injury case allows you to pursue damages that reflect the full impact of your injuries.
Damages Available in Personal Injury Cases
Personal injury and workers’ compensation claims differ most clearly in the compensation available to claimants. Personal injury cases typically allow claimants to seek compensation for a broader range of damages, often including:
- Full medical expenses
- Full lost wages
- Loss of future earning ability
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Punitive damages (available in rare cases of egregious neglect by at-fault parties)
These broader categories often mean a personal injury settlement can be significantly greater than what is available through a workers’ compensation claim. For this reason, our personal injury attorneys always explore the possibility of both a workers’ compensation and personal injury settlement for our clients.
Can You Seek Both a Workers’ Compensation and Personal Injury Settlement?
In some situations, an injured party can file both a workers’ compensation claim and a personal injury claim. You might pursue both if you suffered a covered injury on the job due to a third party’s negligence.
While workers’ compensation is generally the exclusive remedy against your employer, it does not prevent you from filing a personal injury claim against a third party who contributed to your injury.
A few example scenarios that might lead you to file both a workers’ compensation claim and a personal injury claim are:
- A defective machine injures you at work due to a negligent manufacturer
- A negligent driver hits you while you are driving for work
- You are injured by flying debris that a subcontractor failed to prevent
- A property owner fails to address a hazard on a job site
Such dual-claim scenarios tend to be complicated, as you need evidence to prove both claims. Workers’ comp may pay your initial medical bills and wage benefits, but a personal injury claim could provide additional compensation for pain and suffering and other long-term losses.
West Law Firm handles both personal injury and workers’ compensation claims, giving injured people a strategic advantage in seeking to maximize their total compensation.
When Workers’ Comp Tends to Be the Right Path
Workers’ compensation is typically the path to recovery when:
- The injury occurred while performing your regular job duties
- No negligent third party contributed to the injury
- You need immediate medical care coverage
- You need wage replacement benefits while recovering
- Proving fault would be difficult or impossible
In many cases, a workers’ compensation claim is the only viable option for the injured party.
When a Personal Injury Claim Can Be Appropriate
A personal injury claim may also be necessary when:
- A third party (not affiliated with your employer) caused or contributed to the accident
- Workers’ compensation insurance does not cover your injury
- You suffered severe or long-term injuries due to negligence
- Pain and suffering make up a significant part of your losses
- The potential compensation exceeds what workers’ comp can provide
If both options apply, an attorney from West Law Firm can coordinate the claims to avoid conflicts and pursue the maximum available compensation.
Call Our Summerville Workers’ Comp Attorneys for Your Free Consultation
Workers’ comp provides quick, no-fault benefits, while personal injury claims offer broader compensation but require proof of third-party negligence. Sometimes, both claims are called for, and pursuing both when possible can greatly benefit injured workers.
If you’ve been hurt in Summerville or anywhere in South Carolina, contacting the experienced workers’ compensation attorneys at West Law Firm is one of the most important steps you can take. Call us today at 843-483-8630 or contact us online to complete your free consultation.