Workers Comp in South Carolina
Workers compensation is an area of law that protects the employee as well as the employer. However, where there is any doubt, if any, the law will then favor the employee. In return for not suing, the employer settles upon compensating the employee. Ultimately, the employee receives money and the employer receives immunity. No fault is placed on either party, and so rather than litigation it’s a form of negotiations.
Basically an employee suffers an injury or illness that occurs as a direct result of doing their job. It is a crucial area of law as it has the potential of being the only means of finance for an entire family should their loved is no longer able to work.
What can I do if I’m hurt or sick?
First thing is to tell your supervisor about your injury. The supervisor will follow the chain of command within the company. An insurance claim will be filed and the claims adjuster will handle the workers comp claim.
After notifying your supervisor, you should hire an attorney who specializes in workers compensation cases. The filings, as well as the entire process, is quite complex and you‘ll really need a professional. The attorney will deal with the employer, the adjuster, the workers comp board, all the forms and medical records.
Workers Comp vs. Personal Injury
Most people get these two areas of law confused, believing there is very little difference, when in fact there is a great difference. Workers comp applies to workers and is a no fault rule; whereas personal injury is based on fault, making workers comp a negotiation and personal injury litigation. Why the difference? Because it must be proven that the party in fact legally is guilty of injuring the other party. Another difference is in the benefits or actual award obtained. When dealing with workers comp, the benefits are for medical expenses, disability pay and retraining as needed. When dealing with personal injury, the award is in many cases unlimited and much harder to gain as greater proof is required. The costs of a workers comp case as opposed to a personal injury case are vastly different as well. Personal injury cases can continually draining money with no end in sight-sometimes for years. It can take that long because one does not require proof of fault and is handled by a board; while the other, requires a great deal of proof of fault and is determined by a jury, and the end result can go either way.
