Workers’ compensation is a system of insurance mandated by state (or sometimes federal) government to support workers with replacement wages and medical bill payments for injuries or illness sustained in the line of work. An important component of this insurance coverage is that once compensation is granted, an employee gives up their right to sue their employer in court for the injuries sustained, for all but the most extreme cases.
There are some workers’ compensation cases where the employee maintains the right to pursue legal action against their employer. In those cases resulting from “intentional or egregious conduct” on the part of the employer, meaning the employer intentionally caused harm or acted in an unprecedented or extremely reckless manner, the employee maintains the right to seek restitution in court.
South Carolina workers’ compensation law does allow you to seek compensatory restitution if your employer displayed serious and/or willful misconduct. This could be as straight forward as your employer physically striking you, or as ambiguous as repeated disregard of reported safety violations.
If you believe you have a legitimate claim against your employer, it’s a good idea to speak with a qualified workers’ compensation attorney. These types of claims are often hard to prove and require extensive knowledge of the law. If your claim is approved, you may almost double your benefits.
What your Workers’ Comp Attorney Can Do
South Carolina workers’ compensation laws can be complex and confusing. Harris and Graves can guide you through the process with plenty of workers’ compensation case experience. They will review your allegations and check for a history of issues, or evidence of safety violation. In most cases this evaluation will be conducted free of charge. They will take an objective look at the evidence of your claim and give you an honest assessment on the likelihood of your success.
If they determine you have a case, your workers’ compensation attorney is going to help you put it together. You must show that your employer either acted in a manner that put you and your safety at risk, was irresponsible, or ignored unsafe conditions and reported hazards. Whether through action or inaction, you must show that your employer had an extreme disregard for employee safety.
Violations of state and federal laws are often cited in these workers’ compensation cases. Typically, causes include clear violations to Occupational Safety and Health Administration (OSHA) rules and guidelines, such as food handling instruction, lifting and rigging protocol, or scaffolding regulations. This can be documented through employer or inspector reports, eyewitness testimony, or photographic evidence.
Contact Harris & Graves
The workers’ compensation attorneys at Harris and Graves have been standing up for South Carolina workers’ rights for over 25 years. You can count on your employer to team up with their professional team of lawyers for their best possible defensive strategy. You can feel confident Harris and Graves will provide experienced and professional South Carolina workers’ compensation attorneys to stand by your side. With offices in Columbia, Greenville, Rock Hill, Florence, and Conway, the entire legal team at Harris and Graves are ready to defend your rights as an employee. Contact them today to start learning what you can do to build your workers’ compensation case.