When you are hurt on the job, report the injury immediately to your supervisor and ask for medical treatment to be provided. Clearly state and explain to the supervisor that you are reporting a work injury. Follow up with your supervisor as needed to ensure that the claim has been reported to your employer’s workers’ compensation insurance company.
When an employee is injured while working due to the negligence of a third party, the employee may first obtain his benefits in workers’ compensation. The employee may then sue the at-fault third party in a court of law to recover damages for his or her injuries. For example, if you are injured in a wreck while driving a vehicle for your employer’s business, and the wreck was caused by another person, you may obtain workers’ compensation benefits and also later bring a claim or lawsuit against the at-fault driver. As another example, an employee may have a third-party claim when he or she is injured at work while using a machine made by an outside company that could result in claim under the law of products liability. Contact one of our lawyers for a free consultation to discuss your workers’ compensation case or third-party claim.
It is important to promptly report your injury and file a claim, and you should do so as soon as possible after you are injured. You may lose you workers’ compensation benefits if you fail to report the injury within 90 days of the date of the accident. You or your dependents or family usually must file a workers’ compensation claim with the South Carolina Workers’ Compensation Commission within two years of the date of the work-related accident or death of an employee. Different rules may apply in certain cases, such as occupational diseases, and you should contact our lawyers to discuss your particular situation.