If you get hurt at work, you've got rights that should be vindicated. In this brief video, a SC workers compensation attorney explains your legal rights to workers compensation, when you can also sue for more compensation, and why the system works that way.
Here's a question we get sometimes from our workers compensation clients, “can I sue my employer for unsafe working conditions?” The answer is, unfortunately, you can't. I'll get to why you can't in just a minute but first let me tell you the exception to the rule.
If you get hurt at work as a result of someone else, besides your employer, you might be able to sue in a case called a third party action. The classic example of that is you drive for work and you get in a car crash. that could be a third party action, but if you're gonna do it you've got to be extremely careful because the way you settle both cases could ultimately lead to you losing all of your workers comp benefits if you do it wrong. Be sure to consult with an experienced South Carolina workers compensation attorney to give you some guidance in this regard.
Now back to the question “why can I use my employer?” well workers compensation is a tradeoff between employees and employers. employees gave up the right to sue employers for unsafe working conditions but they gained the right to important benefits for workplace injuries like free medical care replacement of most of your income while you're out of work and money for permanent disability. On the other hand, employers gave up their right to force employees to prove fault before they paid workplace injury benefits. That’s why workers compensation is called a no-fault system. You can sometimes get workplace injury benefits from workers comp even if your injury is your fault but that doesn't mean it's a cakewalk for employees. Employer’s workers compensation insurance companies fight paying helping seriously injured employees. Settlements can be complex and they do have long-term health implications in many cases. So don't get run over by the workers comp insurance company.
If you've gotten hurt on the job and you're wondering about your rights take advantage of the free info on our website. You can always contact us through a live chat right where you are and get your questions answered by an experienced workers compensation attorney. I thank you for thinking about this with me and I hope I see you soon.