Dillon, SC Work Injury Lawyer
Suffering an injury on the job is often an incredible setback for the injured worker. Most workers cannot afford the high medical bills and lost wages that an accident causes.
When you are injured at work, our lawyers can provide the support you need by handling your claim and determining the best way to get your compensation. If your employer was responsible for the accident, we can find ways of holding them accountable in court. Employers usually cannot be named in a lawsuit, but we can sue if your employer was grossly negligent or meddled with your benefits somehow. If a third party, like a customer or tool manufacturer, caused the accident, we can file a lawsuit against them immediately. With our help, you will know your rights are protected, allowing you to focus on your recovery.
Call Burriss Ridgeway Injury Lawyers today at (803) 451-4000 for a free case review with our work injury lawyers.
How to Cover Your Damages After Suffering a Work Injury in Dillon, SC
All personal injury cases have challenges when it comes to recovering compensation, but workplace injury claims typically add additional complexities. How your accident occurred and who was responsible for it will dictate the routes you have to cover your damages. Fortunately, our work injury attorneys can help determine which options are available and if you can file a lawsuit against those responsible. In some situations, your right to sue might be limited, but this will depend on your work relationship with the defendant. The following explains the work injury situations we can help you with:
When Your Employer is Responsible
Most employers in Dillion and throughout South Carolina are required to carry Workers’ Compensation insurance to cover workers when they get injured. Worker’s Compensation is a type of “no-fault” insurance covering an injured worker’s damages regardless of who caused the accident. Whether you or your employer is responsible for the accident, you can claim benefits under this system without proving negligence.
While this sounds good, there are a few catches. Most importantly, no-fault rules prevent you from filing a lawsuit against your employer. This would not be an issue if Workers’ Compensation covered all your economic and non-economic damages. Instead, you will only be compensated for your medical expenses, about 66% of your income, and none of your pain and suffering. We must find an alternative path to compensation if your employer is the only party responsible.
We can usually file a lawsuit against your employer if they were grossly negligent. Some employers fail to provide a safe work environment, while others have little to no safety protocols. Violations of these types go beyond typical negligence, allowing you to sue.
We can also file a lawsuit if your employer is required to offer Workers’ Compensation coverage but does not. You can check the SC Workers’ Compensation Commission website to verify your employer has coverage. Employers also cannot withhold benefits to which you are legally entitled.
Fortunately, none of these restrictions will apply if you are an independent contractor. Independent contractors are not traditional “employees” and only work with their “employers,” not for them. Thus, Workers’ Compensation does not cover them, and they can file a lawsuit.
When Another Party is Responsible
The abovementioned limitations will also not apply to parties you do not work for. If someone besides your employer injures you, you can claim all your damages in a lawsuit. Perhaps you are a delivery driver and were hit by another car while making your rounds. Or, you slipped and fell in a spill left by a negligent customer. In these cases, we can file a lawsuit against the person directly responsible for your injuries.
Many workers are injured because their tools and equipment are defective. Some pieces of equipment are inherently dangerous because they were negligently designed, while other tools cause injuries because the manufacturer negligently produced them. For instance, if you were injured by a faulty ladder at work, we can determine where the defect occurred and sue those who caused it.
Other workers are injured by those working on their job site but not coworkers. For example, many companies, such as general and subcontractors, often work on a construction site. If another worker caused the accident but worked for a company other than your employer, you can sue them and potentially the company that employs them. However, these companies often have robust legal support, so you will want to work with a firm with the resources to fight your claim.
Proving a Work Injury Lawsuit in Dillon, SC
To recover compensation in a work injury lawsuit, you will need evidence. While you might have gathered some on your own already, our lawyers can identify other sources with information we can use.
If your injuries are not too severe, one way to save evidence is to take photos and videos with your phone. This will preserve what the accident scene was like at the time. Be sure also to take pictures of the instrument or tool that injured you if one was involved. You can also take photos of your injuries to show their severity immediately following the accident.
If you cannot take pictures yourself, ask a coworker for help. Surveillance cameras might also have recorded your accident, as most workplaces have them installed. However, surveillance footage is usually overwritten quickly, and an employer might “lose” video of an accident if our attorneys do not demand it soon enough.
Witnesses can also provide detailed evidence in the form of testimony regarding your accident. Since your accident happened at work, at least a few coworkers likely saw it. They can help paint a complete picture of your accident and inform us of your work conditions. If the work environment is consistently dangerous, witnesses can help prove it.
Contact Our Dillon, SC Work Injury Lawyers Today for Help
For a free analysis of your claim, contact our work injury attorneys at Burriss Ridgeway Injury Lawyers at (803) 451-4000.