South Carolina is home to thousands of businesses, both small and large, that employ people from all walks of life. Unfortunately, workplace accidents can happen even with the best safety measures in place. If you’ve been injured while working in South Carolina, you may be wondering whether you can file a personal injury claim. In this article, we’ll go over the state’s laws on personal injury claims as they relate to workplace accidents.
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Workers’ Compensation in South Carolina
The first thing you should know is that South Carolina employers are required by law to carry workers’ compensation insurance. This insurance provides benefits to employees who are injured on the job, regardless of who was at fault. Workers’ compensation benefits can cover medical expenses, lost wages, and vocational rehabilitation.
Filing a Workers’ Compensation Claim
If you are injured while working in South Carolina, your first step should be to notify your employer immediately. You have up to 90 days to report your injury to your employer, but it’s best to do so as soon as possible. Your employer will then file a workers’ compensation claim with their insurance company on your behalf. If your claim is approved, you will receive the benefits you’re entitled to, though it’s important to note that these benefits may be limited.
When to File a Personal Injury Claim
In some cases, workers’ compensation benefits may not be enough to cover the full extent of your injuries. If your injury was caused by someone other than your employer or a co-worker, you may be able to file a personal injury claim against the responsible party. For example, if you were injured on a construction site because of faulty equipment, you may have a claim against the manufacturer of the equipment.
Negligence and Personal Injury Claims
To win a personal injury claim in South Carolina, you will need to prove that the other party was negligent. This means that they had a duty of care to you (to keep you safe) and they breached that duty. You will also need to show that their breach of duty caused your injury and resulted in damages. Damages can include medical bills, lost wages, pain and suffering, and more.
Statute of Limitations
It’s important to note that there is a statute of limitations in South Carolina for personal injury claims. This means that you have a limited amount of time to file your claim. In South Carolina, you have three years from the date of your injury to file a personal injury claim. If you wait too long, you may lose your right to file a claim altogether.
Should You File a Personal Injury Claim?
If you’ve been injured while working in South Carolina, it’s important to speak with an experienced personal injury attorney who can help you determine whether filing a personal injury claim is the right choice for you. While workers’ compensation can provide some benefits, it may not be enough to cover the full extent of your injuries, especially if someone else was responsible for your accident.
In most cases, you will need to show that someone else was negligent in order to file a personal injury claim. This can be difficult to prove on your own, which is why it’s important to hire an attorney who can gather evidence and build a strong case on your behalf.
Conclusion
If you’ve been injured while working in South Carolina, you have options. First and foremost, you should report your injury to your employer and file a workers’ compensation claim. If you feel that workers’ compensation benefits aren’t enough to cover the full extent of your injuries, or if someone other than your employer was responsible for your accident, you may be able to file a personal injury claim. Speak with an experienced personal injury attorney who can help you navigate the legal process and fight for the compensation you deserve.