Can I sue my employer, or am I limited to workers’ compensation benefits?
Answer:
For a covered workplace injury, workers’ compensation is generally the exclusive remedy against the employer. That does not rule out every possible claim: coverage questions, exceptions, and a legally responsible third party may require separate review. An attorney can evaluate which rules apply.
When an employee suffers a covered injury arising out of and in the course of employment, South Carolina’s workers’ compensation system generally provides the remedy against the employer. Our attorney contrasts that process with an ordinary personal injury lawsuit.
The system provides benefits under its own statutory rules. It should not be understood as a guarantee of full recovery or a requirement that the worker return to the exact condition they were in before the injury.
The exclusive-remedy rule has a particular scope. Whether the employer and injury are covered, whether an exception applies, and whether a third party is legally responsible all require review. A qualifying third-party claim may exist alongside workers’ compensation, subject to coordination and reimbursement rules.
A workers’ compensation attorney can review the employment relationship, the incident, and the potential parties to explain the available options. Our attorney must assess those facts to determine which legal options apply.