Williamsburg, SC Work Injury Lawyer
Workplace accidents are some of the nastiest types of accidents you can be injured in. The best way to cover the countless losses that come with work injuries is to work with our attorneys.
Our firm can guide you on how to get the compensation you need for your recovery. While your employer might offer insurance to cover your damages, you should consult our team before making any definitive moves. Accepting insurance might bar you from filing a legal claim in court. Fortunately, we can review the facts in your case and determine whether you can sue instead. Filing a lawsuit can help cover the range of damages you have, including financial and non-economic losses. Otherwise, you might be left with losses you have to cover out-of-pocket.
To get a free case review, contact our work injury attorneys at Burriss Ridgeway Injury Lawyers by calling (803) 451-4000.
Filing a Workers’ Compensation Claim vs. a Lawsuit After Suffering a Work Injury in Williamsburg, SC
If you are injured at work, recovering compensation can be confusing since you must decide the best way to cover the damages stemming from your accident. You are probably aware that Workers’ Compensation is available if your employer carries it and can help cover your expenses. In fact, you can recover Workers’ Compensation benefits without having to prove who caused your accident.
However, it is often not the best route to cover the range of losses you will likely experience. To do that, you should have our work injury lawyers file a lawsuit on your behalf. A lawsuit has numerous advantages over a Workers’ Compensation claim. For starters, filing for and accepting Workers’ Compensation benefits will bar you from also filing a lawsuit in most situations, according to S.C. Code Ann. § 42-1-540.
Second, Workers’ Compensation only covers 2/3 of the income you will lose out on while recovering. This might come as a shock since you would think this is the most important loss to cover. When you file a lawsuit, you recover the daily wages you have already lost and projected losses you might have in the future, like missed bonuses, overtime, and promotions.
Lastly, a lawsuit is the only way to get compensated for both your financial losses, like medical bills and lost wages, and your economic damages. Workers’ Compensation provides no benefits for your pain and suffering, so no feelings of mental anguish or physical pain will be considered. In a lawsuit, you can claim every loss your accident and injuries resulted in, including those that are challenging to calculate.
How to File a Lawsuit in Williamsburg, SC for Your Work Injuries
To file a lawsuit, we first must determine who is liable for the accident. If the responsible party is someone other than your employer or a coworker, Workers’ Compensation rules will not limit you.
For example, perhaps you made deliveries for your company and were struck by a negligent driver while making your rounds. Or, you were struck by another company’s delivery driver at your job site. If you work with tools, machinery, or other equipment, you might have been injured because the manufacturer or designer negligently allowed a defective product onto the market. In cases where a third party caused your work injuries, we can go straight to filing a lawsuit.
The situation is more complicated when your employer or a coworker causes your work accident. In many of these cases, Workers’ Compensation shields them from liability. However, that shield has limits. Employers and coworkers are not protected when their gross negligence causes an accident. Further, employers can be sued if the law requires them to carry insurance, but they violate it and offer nothing. We can also help you file a lawsuit if you are actually an independent contractor rather than a typical employee.
Time Limit to File a Work Injury Lawsuit in Williamsburg, SC
As you can see, it is important to start your case with our team as soon as you are able since it takes time to review your options. However, you only have a limited amount of time to file a work injury lawsuit in Williamsburg. Under § 15-3-530(5), you have three years from the date of your work accident to file your claim in court. However, this “statute of limitations” is no longer a concern once your lawsuit is filed. But if it is not filed before three years pass, you cannot file your lawsuit.
There are many good reasons to start your claim quickly besides the statute of limitations. First, you will want to gather evidence while it is still available. If the company’s surveillance cameras caught your accident, we can request the footage before it is erased. Moreover, witnesses’ memories will be much fresher when interviewed soon after the accident. We will also get a jump on gathering your medical and employment records to prove your damages.
What to Do Immediately After Getting Injured at Work in Williamsburg, SC
The first step after getting injured at work is reporting your accident to your employer, even if it is relatively minor. You will want to start a record of your injuries as soon as possible. This is important regardless of which route you take to compensation.
After reporting your accident, the next step is to get medical attention immediately from work. Doctors can fully assess your injuries at the hospital by taking X-rays and other diagnostic tests. They will be able to discover underlying injuries that might not have caused trouble until later. They will also be able to give you a timeline for your treatment and how long you will reasonably be out of work.
Last, contact our firm to start your claim. We can help you quickly determine whether insurance will cover your losses or whether a lawsuit is necessary.
Contact Our Work Injury Attorneys in Williamsburg, SC Now for Legal Support
Call Burriss Ridgeway Injury Lawyers at (803) 451-4000 for a free case analysis with our work injury lawyers.
