In most cases, the fact that you might have been negligent or careless and were therefore partially at fault for your own injury does not prevent you from making a claim for worker’s compensation. The worker’s compensation system is there to provide medical care and compensation for injured workers, so you should not hesitate to make your claim even if you feel that your injury would not have happened if you had been more careful. There are certain exceptions that apply, including situations in which your injury was caused by you being under the influence of drugs or alcohol. Contact one of our attorneys to discuss the circumstances of your injury and your right to pursue a claim.
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.