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Hampton, SC Work Injury Lawyer
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    Hampton, SC Work Injury Lawyer

    Work injuries can keep you from being able to return to work, taking away your livelihood and the support you provide your family. Injuries sustained while working also have complex laws surrounding them, potentially preventing you from being able to sue normally.

    Working with a lawyer after a work injury is vital. Our attorney can help you file a claim against your employer. If a lawsuit against them is blocked under Workers’ Compensation laws, we can file against other parties as well to help you recover the damages you should be entitled to.

    Call Burriss Ridgeway Injury Lawyers at (803) 451-4000 for a free case review with our work injury attorneys.

    How to Recover Compensation for a Work Injury Case in Hampton, SC

    Injuries at work are often more complex when it comes to getting compensation. There are two general routes available to you, both of which our lawyers can help with:

    Claims Against Employers

    In most cases, employees cannot file a lawsuit directly against their employer for an injury sustained during their work duties. Instead, Workers’ Compensation laws block the lawsuit in exchange for opening access to a no-fault insurance system that should cover your medical bills and 2/3 of your wages. However, this does not pay pain and suffering damages.

    Our lawyers can help you with your claim against your employer, but we might also be able to help you sue your employer in limited situations. Usually, independent contractors performing different work than their “employer” are not considered “employees” and are still allowed to file a lawsuit. This could help you sue instead as a contractor.

    When it comes to no-fault Workers’ Compensation claims, you can still file this claim even if you caused your own injuries by accident. This is one of the biggest pros of this system, and it helps thousands of injured workers get compensation they might not otherwise be able to claim.

    Claims Against Other Parties

    Our work injury lawyers can always help you sue other parties to recover compensation for your injuries. If you were hurt at work because of someone other than your employer’s actions, you have no restriction on your ability to sue them and can proceed as normal when filing a lawsuit. However, identifying the right party, building evidence against them, and filing the lawsuit might be difficult, especially if they are part of a large company.

    Work injury lawsuits are often filed against customers, clients, distributors, and other people you interact with as part of your job. For example, if a delivery driver came to your work and hit you with a truck, you could sue them and potentially even the company they work for. You can also sue other drivers who might have hit you while working, such as drivers crashing into your roadside work site.

    Other claims are filed against manufacturers of equipment and tools used in your work. For example, if you used a defective table saw or welding mask that contributed to your injury, you are often entitled to sue the company that manufactured it.

    When suing large companies, working with a lawyer who can stand up to the legal teams and insurance companies these large companies use is important. Even when you sue another individual, their insurance company will often provide them with a lawyer who will work fiercely to shut down the claim, and our lawyers can stand up to them.

    How Much is a Work Injury Claim Worth in Hampton, SC

    As mentioned, claims can often be filed as Workers’ Compensation cases or as lawsuits. The damages will be different depending on how you file and who you file against, but the following damages are often available in one claim or the other (or both).

    Medical Bills

    Medical bills should be paid in full, no matter which system you use. If you did not cause your injury – or even if you accidentally did cause your injury during work tasks – then you should not be the one responsible for your medical bills. Our lawyers can fight to get everything covered, from hospital stays to medication to mental health therapy appointments to deal with the injury.

    Lost Wages

    If you file a lawsuit, you could be entitled to claim the full value of any wages you lost while recovering from your injury, as well as any lost earnings you will face going forward. This can also pay for the difference between the wages you made before the accident and the reduced wages you make now after the accident if you are able to work part-time or with a reduced workload.

    If you file a claim through Workers’ Compensation, your wages are typically paid at 2/3 of the normal rate rather than being covered in full.

    Pain and Suffering

    Pain and suffering is not available through Workers’ Compensation, but in a lawsuit, you can recover damages to pay you back for pain, suffering, mental anguish, emotional distress, and other intangible or “non-economic” damages. These can make up a huge portion of your damages, so it is important to consider taking your case to court to get them paid in full.

    In cases where you want pain and suffering damages on top of your Workers’ Compensation claim, you might be able to file a lawsuit after already receiving benefits. However, the insurance carrier might be able to file a “subrogation” claim against you to pay them back for the other damages. This should allow you to keep the full pain and suffering damages. Still, the insurance company sometimes claims more than the lawsuit has paid for the other “economic” damages, potentially cutting into your total award. In any case, this means it is important to be strategic and talk to a lawyer about what cases you should file together.

    Punitive Damages

    Sometimes, in a lawsuit, the court finds that the defendant’s actions were so egregious that they should pay you extra damages. These are meant to punish the defendant for the bad actions they took rather than to pay you back for the harm you suffered – but you do get paid these damages directly anyway. Because they require a higher burden of proof (“clear and convincing evidence”) and a higher standard of fault (“willful” or similar standards), punitive damages are rare.

    Call Our Work Injury Attorneys in Hampton, SC Today

    If you were hurt at work, call Burriss Ridgeway Injury Lawyers at (803) 451-4000 for a free case review with our work injury lawyers.

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    Results

    $6 Million
    The Plaintiff was injured as a result of a failing component of a commercial motor vehicle that fell from the vehicle into the roadway. The Plaintiff brought claims against the owner and operator of the tractor trailer as well as the manufacturer of the vehicle.
    The Plaintiff was injured as a result of a failing component of a commercial motor vehicle that fell from the vehicle into the roadway. The Plaintiff brought claims against the owner and operator of the tractor trailer as well as the manufacturer of the vehicle.
    $4.1 Million
    The Plaintiff was injured as a result of a refrigeration system that malfunctioned, spraying ammonia gas into the Plaintiff's face. As a result of this event, the Plaintiff sustained significant vision loss. The Plaintiff brought claims against his employer and the manufacturer of this system.
    The Plaintiff was injured as a result of a refrigeration system that malfunctioned, spraying ammonia gas into the Plaintiff's face. As a result of this event, the Plaintiff sustained significant vision loss. The Plaintiff brought claims against his employer and the manufacturer of this system.
    $2 Million
    The Plaintiff was injured while riding his motorcycle when he collided with another vehicle. This event occurred in the city of Columbia and the Plaintiff sustained significant bodily injury resulting in extensive medical expenses and permanent injury.
    The Plaintiff was injured while riding his motorcycle when he collided with another vehicle. This event occurred in the city of Columbia and the Plaintiff sustained significant bodily injury resulting in extensive medical expenses and permanent injury.
    $1.8 Million
    The Plaintiff was injured when he was rear-ended by a tractor trailer on Interstate 20. The Plaintiff brought claims against the owner and driver of the tractor trailer for his injuries relate to his lower back.
    The Plaintiff was injured when he was rear-ended by a tractor trailer on Interstate 20. The Plaintiff brought claims against the owner and driver of the tractor trailer for his injuries relate to his lower back.
    $1.5 Million
    The Plaintiff sustained significant injury when she was attacked by a dog while performing repairs on a rental property. The Plaintiff was at the rental property as part of her employment with a rental management agency. She was attacked by the animal and sustained permanent nerve damage in her legs.
    The Plaintiff sustained significant injury when she was attacked by a dog while performing repairs on a rental property. The Plaintiff was at the rental property as part of her employment with a rental management agency. She was attacked by the animal and sustained permanent nerve damage in her legs.
    $1.3 Million
    The Plaintiff was killed as a result of a collision with a logging truck that had been improperly loaded by a timber harvester. The proceeds of the settlement were funded by both the timber harvester and the owner of the logging truck.
    The Plaintiff was killed as a result of a collision with a logging truck that had been improperly loaded by a timber harvester. The proceeds of the settlement were funded by both the timber harvester and the owner of the logging truck.
    $1.5 Million
    The Plaintiff underwent surgery to her neck as a result of injuries sustained when she was struck on the head by a piece of loading equipment at her job. The Plaintiff was employed by a national retailer and was engaged in stocking shelves when the piece of equipment failed. After settling her workers' compensation claim, the Plaintiff brought a claim against the manufacturer of this equipment.
    The Plaintiff underwent surgery to her neck as a result of injuries sustained when she was struck on the head by a piece of loading equipment at her job. The Plaintiff was employed by a national retailer and was engaged in stocking shelves when the piece of equipment failed. After settling her workers' compensation claim, the Plaintiff brought a claim against the manufacturer of this equipment.
    $1.1 Million
    The Plaintiff brought a claim against a local medical facility for a false positive HIV reading. As a result of this false positive, the Plaintiff lived for 4½ years believing that she had the virus which leads to what she feared was an eventual AIDS diagnosis.
    The Plaintiff brought a claim against a local medical facility for a false positive HIV reading. As a result of this false positive, the Plaintiff lived for 4½ years believing that she had the virus which leads to what she feared was an eventual AIDS diagnosis.
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