Work injuries in South Carolina create a number of different legal issues
Charleston, SC – When someone is hurt while working, they may be required to go through certain procedures mandated by their employer. However, they are also entitled to various forms of compensation, even if the employer tries to dissuade the worker from utilizing these remedies. Workers compensation claims and personal injury lawsuits are the two most common ways that the victim can try to receive financial assistance after they are hurt and must stop working for a given period of time.
How a work injury happens
Workers who are in fields that involve manual labor, hazardous materials, construction, and driving tend to be at the highest risk for injuries. However, it is possible that anyone can be injured on the job. If someone is hurt by equipment that they need to utilize, another employee, or from a simple error, they may be able to make some kind of claim for compensation. The employer will investigate to see if the worker was engaged in their normal job duties when the incident happened. In most cases, if someone was not doing their normal work and engaged in some other activity while they were hurt, the employer will not be responsible.
Workers compensation claims
Workers compensation is one of the most important forms of relief for injured workers. This is essentially a form of insurance purchased by the employer to pay for a worker’s lost wages and some basic medical expenses while they recover from an injury. Most employers of a certain size are required by law to carry some kind of workers compensation insurance.
Personal injury lawsuits
Whether a worker’s employer or another entity is responsible for their injuries, the victim can bring a civil injury case to be compensated for things like medical treatment, lost income and wages, and emotional pain and trauma caused by the incident. This is done through a negligence case, which essentially says that the defendant breached their duty of care and caused various forms of harm. The element of damages is when the victim is able to add up all of these losses and argue that the defendant needs to provide compensation for the problems that they caused. Most injury lawsuits will end with a settlement agreement between the victim and the defendant, but it is possible that a full trial will be necessary.
Speaking with a firm that handles work injury cases
Anyone who has been recently hurt at work can contact a lawyer to review their situation and recommend a course of action. The Clekis Law Firm handles workers compensation issues, personal injury cases, and related matters for clients in the Charleston area.
Firm contact info:
171 Church St., Charleston SC, 29401
843-900-0000
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