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How is Blame Assigned in Workplace Accidents in South Carolina?

If you were hurt at work in South Carolina, our lawyers will determine who is to blame for your injuries so that you can pursue recovery.

Blame can factor into workplace accident cases differently based on the cause of a victim’s injuries. For example, even if your employer’s negligence caused your injuries, you can likely only file a Workers’ Compensation claim. However, if a third party is to blame for your accident, you can file a lawsuit against them. Properly assigning blame can make all the difference in your case. Filing a third-party lawsuit can allow you to recover compensation for pain and suffering, which would not be available through an insurance claim alone. While assigning blame to an at-fault party will be important, so will confirming that you do not share blame for your damages in South Carolina. If you do not do this, your awarded compensation might be reduced.

To schedule a free and confidential assessment of your case from the South Carolina workplace injury attorneys of Burriss Ridgeway Injury Lawyers, call us now at (803) 451-4000.

Who Can Be Assigned Blame for Workplace Accidents in South Carolina?

Who is to blame for your occupational injury will dictate how you are able to recover compensation for your losses in South Carolina. Employers are rarely liable for workplace accidents because Workers’ Compensation is the exclusive remedy for covered workers. However, you can sue if a third party is to blame for your accident.

Employer Liability

In South Carolina, as in many other states, employees give up their rights to sue their employers for workplace accidents in exchange for Workers’ Compensation. Because of this, if your employer has the necessary Workers’ Compensation, you cannot sue them, even if their negligence led to your injuries. However, our lawyers can help you file a Workers’ Compensation claim to recover damages. And, if your employer does not have the necessary workplace liability insurance per South Carolina’s mandates or they intentionally caused your injuries, you may be able to sue. Do not assume that you can sue your employer for a work-related injury, as that will likely not be the case.

Third-Party Liability

Victims generally have the most success regarding workplace accident lawsuits when they file claims against negligent third parties in South Carolina. Third parties might include the product manufacturer that distributed the defective product that harmed you or the driver who ran into your construction site, injuring you. Third parties that may be liable for workplace accidents might also include negligent property owners who fail to maintain common areas in office buildings, leading to a slip or fall accident. If a third party is to blame for your workplace injuries, you will have three years to sue in South Carolina. While a third party might be liable for your injuries, you should not assume that is the case. Because the deadline to report workplace injuries and initiate Workers’ Compensation claims is shorter than the deadline to file a lawsuit, it is important to confirm your path to recovery immediately after a workplace accident.

Properly Assigning Blame for Workplace Accidents and Injuries in South Carolina

Because filing third-party workplace accident lawsuits can lead to greater damages for victims than Workers’ Compensation claims, our lawyers will investigate your case to determine whether someone other than your employer is responsible for your injuries.

This will require evidence. Our Columbia, SC workplace injury attorneys will carefully review the facts of your case, interview eyewitnesses to your accident, analyze security camera footage, and use other investigation tactics to identify the third-party responsible for your injuries and hold them accountable. Blame can sometimes be divvied up among several negligent parties as well.

Many victims of workplace accidents automatically assume that filing a Workers’ Compensation claim will be their only recovery method. While that is typically the case for those injured because of an employer’s negligence, filing a lawsuit may be an option if someone else caused your injuries. Exploring this option is crucial as workplace accident lawsuits can lead to compensation that workplace liability insurance does not provide, such as compensation for a victim’s pain and suffering. Furthermore, if gross negligence led to your injuries, you might be able to recover punitive damages in your third-party workplace accident lawsuit in South Carolina.

Can Blame Be Assigned to Victims of Workplace Accidents in South Carolina?

Workplace accidents, from slips and falls in offices to equipment malfunctions at construction sites, can result in serious injuries for victims. If blame is wrongly assigned to you, the victim, that might impact your recovery.

When dealing with workplace accidents, victims need to anticipate that they might be wrongly accused of being partially to blame for their injuries. While Workers’ Compensation is a faultless system, victims can be denied coverage if a carrier believes they intentionally caused their injuries to recover benefits. Do not assume that you will automatically be paid benefits just because you were hurt at work. Your claim will be carefully reviewed, so it is important to submit all relevant information, especially if your involvement is called into question.

Furthermore, South Carolina is a modified comparative fault state. This means that the victim’s percentage of blame might be considered in a third-party workplace accident lawsuit, even if they did not act intentionally.

Work injury victims might see their damages reduced when comparative fault is weighed in workplace accident lawsuits. To prevent this from happening at all costs, our lawyers will aim to meet the burden of proof against the defendant and establish that they alone are responsible for your work-related injuries.

Call Our Lawyers to Discuss Your South Carolina Work Injury Case

Call Burriss Ridgeway Injury Lawyers at (803) 451-4000 to have our Myrtle Beach workplace injury attorneys review your case for free.