South Carolina Injury Attorneys
Can I Sue my Employer to Compensate for Work Accident Injuries?

Can I Sue my Employer to Compensate for Work Accident Injuries?

Workers’ compensation is a no-fault system that hurt employees can turn to if they are injured in an on-the-job accident. The insurance is in place to cover the expenses associated with most work-related injuries — if a medical condition occurred at a place of work, or was the result of performing work, workers’ compensation can help. Unlike typical injury cases, victims do not need to prove the liability of another party in order to recover benefits.

Employers are often (at least partially) to blame for work accidents, because they are in charge of the safety of their workers. Many people who are injured on the job at the fault of their employer wish to file a lawsuit for additional finances, as well as collecting their workers’ compensation benefits. However, suing an employer is not permitted under the workers’ compensation system. There are some exceptions, and injured employees still preserve their right to sue liable third parties if they collect workers’ compensation benefits.

Intentional Harm and Gross Negligence

One exception to the limit on employer lawsuits is in cases of intentional harm. If an injured employee can prove that their condition was caused by an employer’s purposefully harmful actions or gross negligence in which harm is an extremely likely result, an additional lawsuit may be appropriate. Compared to the typical definition of negligence, gross negligence involves instances in which the safety of others is completely disregarded, whereas typical negligence is generally more of an oversight. The definition of gross negligence can be interpreted in different ways, and its application to every individual case will vary.

Third-Party Liability

Although employers are generally exempt from facing lawsuits based on their liability in work accident cases, third parties can be sued if they were at fault. In some cases, work injuries are caused by negligent drivers, equipment manufacturers, safety inspectors, or others. These parties may be associated with the employer in some way, or independent.

A responsible third party can be the subject of a personal injury lawsuit related to an on-the-job accident. Through this form of legal action, victims can recover additional pay on top of their workers’ compensation benefits.

Are you curious about the benefits you are entitled to following a work accident? Schedule a free consultation with Christian & Davis LLC through our contact form or via phone at (864) 408-8890.


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