Injuries at work happen all the time. While some workers are lucky enough to incur minimal injuries, others are far less fortunate. If you are hurt at work in Myrtle Beach, an attorney can help you file a Workers’ Compensation claim.

Employers who regularly employ at least 4 people are required by law to carry Workers’ Compensation insurance in South Carolina. Coverage extends to most employees and helps to pay for medical expenses, lost income, and additional benefits. While you can sue third parties, injured employees generally cannot sue their employers for work-related injuries. However, special conditions may allow you to sue your employer, but you should talk to an attorney first.

Call the Graves Injury Law Firm at (305) 614-2767 and ask our Workers’ Compensation attorneys for a free legal review to start your case.

Who Does Workers’ Compensation Cover in Myrtle Beach, SC?

Workers’ Compensation may provide important financial benefits after a work-related accident. While most workers are covered, some might not be. You should talk to an attorney if you are unsure.

Employees

Generally, workers who are classified as “employees” are covered by Workers’ Compensation. The definition of an employee is broad and includes most workers.

Independent Contractors

Independent contractors are often not covered, especially if their employment is casual or their work is outside the course of their client’s normal business or trade. For example, a restaurant that hires a plumber to fix the bathroom does not have to provide Workers’ Comp for that plumber.

Can You File a Lawsuit if Workers’ Compensation Covers Your Case?

Injured employees may want to sue for their injuries, but Workers’ Compensation laws might get in the way.

Limitations on Lawsuits Against Employers

Generally, injured employees may not sue their employers for work-related accidents. Employers may be shielded from civil liability for work-related accidents resulting from negligence. As such, Workers’ Compensation is the primary method of obtaining financial compensation for many, if not most, employees.

When an Employee May Sue an Employer

You can sue your employer if they fail to carry the insurance needed to provide Workers’ Compensation, or if you have evidence that they committed an intentional tort, like assault.

Suing Third Parties

Workers’ Compensation laws do not prevent you from suing third parties you believe are responsible, or at least share responsibility, for the accident. Third parties include anyone outside the employer-employee relationship, such as…

  • Clients or customers
  • Trespassers
  • Manufacturers of defective tools
  • Manufacturers of faulty safety gear
  • Property owners
  • Negligent drivers (if you are injured while driving for work)

Your right to sue a third party for a workplace accident does not limit or restrict your right to receive Workers’ Compensation. You may have both.

Benefits Available to Injured Workers Through Workers’ Compensation

Workers’ Compensation provides for various financial benefits that injured employees need to make ends meet while they recover.

Medical Coverage

Workers’ Compensation should fully cover medical treatment that is reasonably necessary for your recovery. If your employer’s insurance provider believes certain treatments are not medically necessary, they might refuse to cover them. In that case, our Workers’ Compensation lawyers can get written statements from your physicians attesting to the necessity of all your treatment.

Lost Wages

Generally, Workers’ Compensation pays only a portion of lost wages, and the amount may vary depending on the nature of your injuries.

If your injuries are totally disabling, you may receive a maximum of two-thirds of your average weekly wage, with a minimum of $75 per week.

If your injuries are partially disabling, meaning you can still work but not to the same extent as before your injuries, compensation must be equal to two-thirds of the difference between your average weekly wage from before you were injured and the average weekly wage you can earn currently.

Permanent Injuries

Additional benefits may be paid for permanent injuries, but compensation depends on the nature and extent of the injury. For example, injured workers may receive additional benefits for the loss of certain body parts. The greater the loss, the more compensation you may receive.

Death Benefits

If workers pass away because of injuries sustained in a work-related accident, death benefits may be available for surviving families. These benefits may cover funeral costs, lost income and financial support, and more.

How Do You File a Workers’ Compensation Claim in Myrtle Beach, SC?

To start a Workers’ Compensation claim in South Carolina, injured employees must report injuries to their employers within 90 days. If you do not report injuries within this time, you could be disqualified from receiving benefits.

Can You File a Lawsuit Against an Employer After a Work-Related Accident?

Generally, no. Employers are shielded from liability under Workers’ Compensation laws. However, if they do not carry Workers’ Compensation insurance or if your injuries result from an intentional tort committed by our employer, you may sue them. Keep in mind, these exceptions are uncommon, and most people cannot sue their employers.

Who Are You Allowed to Sue for Workplace Accidents and Injuries?

You generally cannot sue your employer for a work-related accident, except in special circumstances, but you may sue third parties you believe are responsible. You are also allowed to receive Workers’ Compensation benefits and sue a third party at the same time.

What Does Workers’ Compensation Pay for in Myrtle Beach, SC?

Workers’ Compensation covers all reasonably necessary medical expenses and a portion of lost income. The amount of income you may be compensated for can vary, but it is often about two-thirds of your average weekly wage.

You may receive additional benefits for permanent injuries or lost body parts, and surviving families can claim benefits in cases involving the death of a worker.

Ask Our Workers’ Compensation Lawyers in Myrtle Beach to Review Your Case

Call the Graves Injury Law Firm at (305) 614-2767 and ask our Workers’ Compensation attorneys for a free legal review to start your case.