Luckily, most folks who get burned on the job in South Carolina have the right to workers’ compensation benefits. If you can prove a person or another business besides your employer committed negligence to cause your injury, you might be able to pursue a settlement against them.
It's crucial for you to understand your legal rights because you've got a lot at stake. A burn injury at work in South Carolina can be a life-changing event, leaving you with serious physical, emotional, and financial challenges.
I’ll explain who pays for a burn injury accident at work, what workers’ compensation covers, how third-party personal injury lawsuits work, and how you can enforce your legal rights.
If you've got questions about your case, get them answered in a free, no-pressure strategy session with a Spartanburg, SC personal injury and workers’ compensation attorney. Call toll-free at 888-230-1841 or fill out a Get Help Now form.
What Is Workers’ Compensation in South Carolina?
In South Carolina, workers’ compensation is an employee benefit created by law. Most employers are required to offer it. It’s designed to provide medical care and financial support to employees who get injured while working. Workers' compensation is called a “no-fault system,” which means that it doesn’t matter who was at fault for the accident. As long as the injury happened while you were doing your job, you are likely eligible for benefits.
Sounds easy so far, right? Here's the catch: the benefits in the vast majority of cases are paid for by an insurance company. An insurance company that makes money by delaying and denying claims, no matter how badly you're hurt. And if you think your case will be the exception because “everyone seems so nice and they're giving me what I need right now,” let me assure you that you are exactly the victim the insurance company is looking for.
If you're seriously hurt, it's critical to get legal advice. Your case is the most complex, and you have the most to lose if the insurance company cheats you. Call me toll-free at 888-230-1841.
What Does Workers’ Compensation Cover?
If you suffer a burn injury at work, workers' compensation will generally cover:
- Medical expenses. Workers’ compensation will pay for your medical treatment related to the burn injury. This includes doctor visits, hospital stays, surgery, prescription medications, physical therapy, and any other treatment needed to recover from the burn. This is a critical right that must be closely protected because medical care for burn injuries can be shockingly expensive.
- Partial income replacement. If your burn injury prevents you from working or the doctor gives you work restrictions your job can't accommodate, workers' compensation will provide wage replacement benefits. In South Carolina, you are entitled to receive about two-thirds (66.67%) of your average weekly wage, up to a maximum amount set by the Workers Compensation Commission. These are called “temporary total disability,” “TTD,” or “weekly checks.” That money is tax-free.
- Permanent disability. You qualify for a monetary settlement if your burn injury causes permanent damage, such as scarring or loss of function, strength, or mobility. This settlement involves many factors, even in an “ordinary” case. You can qualify for a much bigger workers’ compensation settlement if your disability from the burn is so profound you're considered permanently and totally disabled, which is different than Social Security disability. If you don't qualify for that but have a serious disability, you might also qualify for wage loss benefits.
Know this: the more serious your injury is, the more you have to lose by not knowing how to evaluate a settlement. That's where an experienced workers’ compensation attorney comes in.
I'll talk to you about protecting your rights. We offer a FREE, NO PRESSURE strategy session we work to make easy on you. Call me toll-free at 888-230-1841.
What South Carolina Workers' Compensation Doesn't Cover
Your recovery is limited because South Carolina workers’ compensation is a no-fault system where you get benefits even if your injury isn't your employer’s fault. You cannot get compensation for pain and suffering or emotional distress. These types of damages can only be recovered in a lawsuit, which is why it’s important to explore all of your legal options, including suing a person or business outside your employer who's responsible for your injury. These responsible parties are legally called a “third party.”
Let's talk about the complexities those cases present.
Suing a Third Party for Negligence
While workers’ compensation covers most workplace injuries in South Carolina, it may not always be the only option for seeking compensation. In some cases, you may be able to file a personal injury lawsuit against a third party if they were responsible for your burn injury. This is known as a third-party action, which allows you to recover a settlement for compensation beyond what workers’ compensation provides.
Common Situations Where You Might Be Able to Bring a Third-Party Action in South Carolina
Burn injuries at work can create the potential for a third-party action in several situations. Here are examples of how burn injuries can occur and who might be responsible:
- Defective products. If your burn injury was caused by a faulty machine, tool, or equipment at work, you may be able to sue the product manufacturer. For example, if a piece of machinery overheated and caught fire, causing you to suffer burns, the company that made the machine could be held liable in a product liability lawsuit. These cases are extremely complicated and expensive, and they require an expert witness to testify that the product should have been made safer.
- Subcontractor negligence. On construction sites or other workplaces where multiple contractors work together, one contractor’s negligence can result in burn injuries for another worker. If an independent subcontractor improperly handles chemicals or electrical work and causes an explosion or fire, they can be held responsible for your injuries. The trouble is that the subcontractor might legally be considered an employee of your employer. That involves a highly difficult legal analysis.
- Chemical exposure. If your burns result from exposure to hazardous chemicals, you may be able to sue the company that manufactured or supplied those chemicals if they failed to provide proper safety warnings or equipment.
- Vehicle accidents. If you were burned in a car, motorcycle, or 18-wheeler accident while driving for work, and the accident was caused by another driver’s fault, you may be able to file a personal injury lawsuit against that driver.
What You Can Get a Settlement For in a South Carolina Third-Party Claim
Before I tell you that, let me give you the key reason you need an attorney who understands both South Carolina workers’ compensation law and personal injury law when you're seriously hurt in a workplace accident and you file a third-party action. If you settle either case the wrong way, you can lose critical rights.
In a third-party action, You can seek compensation for damages not covered by workers' compensation, including:
- Pain and suffering. This includes compensation for the physical pain and emotional distress caused by your burn injury. It's a lot more than pain and suffering, which is why I call it “human loss.”
- Full amount of medical bills. In South Carolina, wrongdoers get held accountable for the full amount of medical bills required by the accident. Workers’ compensation usually pays those bills at a discount. By law, you’re required to pay workers’ compensation back for all the benefits it paid you under a “workers’ compensation lien.” But this still works to your advantage, as the final amount you owe them can be negotiated down- but you've got to know how to do that. An attorney experienced in both South Carolina workers’ compensation and personal injury law can truly make a difference here. Those lawyers understand the implications of the comp lien in settling both cases.
- Full lost wages. While workers’ compensation only covers two-thirds of your wages, a third-party claim can recover the full amount of your lost income.
- Future medical expenses. If you need ongoing medical treatment or surgeries in the future, you can seek compensation for these costs in a third-party lawsuit. This is crucial in a serious burn injury case, and you've got to prove future medical bills the right way.
- Punitive damages. In cases of recklessness, you may qualify for awarded punitive damages to punish the wrongdoer and deter similar behavior in the future. But punitive damages are hard to get in South Carolina, and you've got to know how to use the law to have any shot at getting them.
How to Enforce Your Legal Rights After a Burn Injury
Burn injuries can be devastating, and it’s important to take action to protect your legal rights and seek the compensation you deserve. Here are the steps you should follow if you’ve suffered a burn injury at work:
- Report the injury. In South Carolina, you are required to report your injury to your employer within 90 days. Failing to do so could jeopardize your ability to receive workers’ compensation benefits.
- Seek medical treatment. Always seek medical attention for burn injuries, even if they seem minor at first. Some burns, especially chemical or electrical burns, can cause delayed symptoms. Your medical records will also be critical evidence in both workers' compensation and any third-party claims you file.
- File a workers' compensation claim. After reporting your injury, your employer should guide you through the process of filing a workers' compensation claim. Make sure to follow all the necessary steps and deadlines to ensure you receive benefits.
The most important thing to do is consult a workers’ compensation and personal injury attorney. Burn injury cases can be complex, and it’s important to get guidance on your rights and your obligations. An experienced attorney who handles both types of cases can help you with your workers' compensation claim and evaluate whether you have a valid third-party claim, then handle the dirty legal details to maximize your settlement in both cases.
When You Get Burned at Work, It's Easy to Miss Out on Benefits or a Maximum Settlement - Get Help Before It's Too Late
When you get burned at work in South Carolina, you have a complex case involving critical rights in two different legal systems. Don't forfeit your one chance to get a settlement compensating you for all the damage done. Get professional help to do your case right, restore your peace of mind, and provide more financial stability for you and your family.
I’m an experienced Spartanburg, SC workers’ compensation and personal injury attorney who can answer your questions about getting compensated for burn injuries at work. Call me toll-free at 888-230-1841.
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