As a workers comp lawyer I get asked all the time: Who Do I Sue for My Work Related Injuries? In South Carolina worker’s compensation cases are “no fault.” Workers are not required to show that their employer caused their injury. Likewise, even if the worker caused his own injury it is still covered by worker’s compensation. For example, if you lift something that you knew was too heavy and hurt your back, you can still file a worker’s compensation claim even though you unintentionally caused your own injury.
An employee may sue a third party unrelated to the employer. The most likely case is an auto accident where the employee is driving as part of the job. If the other party is responsible for the accident and related injuries, then the employee can sue the other driver and file a worker’s compensation claim. Other likely third parties might include subcontractors and suppliers.
South Carolina Workers Comp law does allow for suing third parties under certain circumstances but you cannot sue your employer. The general reason for suing the third party would be to seek damages not covered by worker’s compensation, including pain, suffering, emotional distress, loss of affection, and other similar types of losses. In some cases an injured worker may feels that their out of pocket expenses have not been fully paid by the insurance company or that they have not had adequate treatment or that they require more treatment into the future. These would all be possible reasons to sue a third party.
When you are injured on the job, call an experienced workers comp lawyer like Lindsay Blanks to help you maximize your just compensation for your injuries. The insurance company is not your friend, and even your employer may be working against you. You need an attorney to make sure you get justice. Call Lindsay Blanks today for a no cost, no obligation consultation about your case. 843-863-1800