Being involved in a workplace accident can be devastating. Not only are you injured, but you have to file a claim against the person on whom your livelihood depends. It can be uncomfortable and intimidating. It is not something you want to handle on your own. You need experienced Greenville personal injury attorneys to help you prove employer’s negligence.
The first thing you need to do is seek medical treatment. Even if you aren’t sure you’re hurt, go to the hospital. This is important for two reasons:
- You need to get treated for your injuries
- You need to document that incident for legal reasons
After you seek medical treatment, call one of the experienced personal injury attorneys in Greenville, South Carolina. They will help you navigate the confusing world of employer negligence.
Types of Workplace Accidents Which May Require Personal Injury Attorneys in Greenville, SC
Workplace accidents make up a unique type of personal injury case. They don’t involve a stranger on the highway and don’t involve a neighbor who has an aggressive dog. They involve your employer. Whether you’ve worked there a month or a decade, you have a relationship with your employer.
There are many kinds of workplace accidents. Most of the time, they are just that – accidents. They don’t involve an intentional harm and don’t involve someone who is speeding or going down the road the wrong way. They happen, usually due to an employer’s negligence. Here are the most common types of workplace accidents:
- Slips and falls
- Muscle strains
- Blows from falling objects
- Repeated damage to muscles or body parts
- Chemical burns
- Toxic fumes
- Exposure to loud noise
Depending on your industry, you can face exposure to these types of threats every day. Employers are required to maintain a safe workplace. Sometimes, this doesn’t happen. Accidents are the result of failing to maintain a safe workplace.
What is Employer’s Negligence
Your employer owes you a duty of care. They owe this duty to every employee. You have entitlement to go to work every day and trust that your employer is not negligent. When there is employer’s negligence, accidents happen. These accidents can cause serious injuries to employees.
Employer negligence is when an employer owes a duty of care to an employee and breaches that duty. This breach causes the employee to have injuries. If the injuries are foreseeable and related to your employment, it can be negligence. South Carolina has a specific way of dealing with employer negligence.
South Carolina Law Regarding Employer Negligence
The state has decided that it wants all employer negligence cases to be handled the same way. The exclusive remedy in South Carolina for employer negligence is workers’ compensation. Because the injury is work related, the only way to pursue the employer is through workers’ compensation.
You cannot file a lawsuit or separate claim against an employer for negligence. You can still pursue third parties separately. However, that is not a part of the workers’ compensation case.
Proving Employer’s Negligence
In South Carolina, workers’ compensation covers employer negligence. The reason the state uses this system because it removes the need to prove the employer’s negligence. You don’t have to spend time and money proving or defending a negligence case.
You cannot demand pain and suffering in a workers’ compensation case and are limited to recouping medical bills and losses related to wages. There is a trade-off, however. Proving a workers’ compensation case is much easier than you may think.
South Carolina only requires that you prove that you were working at the time of the injury. If working when you got the injury, you have entitlement to workers’ compensation. The few exceptions are:
- When an employee was acting outside the scope of their job
- When an employee was under the influence of alcohol or an illegal substance
- An employee was acting criminally
These are defenses that the employer’s insurance company may claim. This is only an issue in unique circumstances.
Personal Injury Attorneys in Greenville
If hurt at work, you need to contact an experienced personal injury attorney. If hurt as a result of employer negligence, you need legal help. You may have claims against third parties and may want to claim special damages. You will want an experienced attorney by your side.
Contact the experienced lawyers at Brumback & Langley for your free consultation. They have decades of experience handling employer negligence cases. They are available to answer any questions and concerns you may have. Remember, you pay nothing until they win your case.