South Carolina’s worker’s compensation statutes make it illegal for an employer to terminate an employee’s employment in retaliation for making a worker’s compensation claim. Complex issues arise when an employee is injured and the injury limits their ability to perform their prior job. In addition to worker’s compensation benefits, injured workers may have rights under the Family Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA), and other state or federal law.
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.