Workers’ Comp vs Personal Injury in South Carolina

Were you injured on the job or in a work-related accident in Charleston or elsewhere in the surrounding region in South Carolina? You may have questions about your rights and your options, including about the differences between workers’ comp law and personal injury law. Attorney Trey Harrell has the experience that you can rely on. Here, our Charleston personal injury attorney provides a guide to the difference between the workers’ comp claims process and the personal injury claims process in South Carolina. Do not go it alone: Remember Trey Helps!

Know the Differences Between Workers’ Comp and Personal Injury in South Carolina

Workers’ compensation and personal injury law serve different purposes in South Carolina. For a worker in Charleston who was hurt while on the job or in any similar setting, it is crucial to understand how the system operates. Here are the big things that you need to know about the differences between workers’ compensation cases and personal injury cases in South Carolina:

• Fault: Fault is a huge difference. Workers’ compensation in South Carolina is a no-fault system. In other words, an injured worker does not need to prove employer negligence in order to bring a successful workers’ comp claim in Charleston. It is enough to show that the injury arose out of and in the course of employment. The system helps to protect the worker’s right to medical benefits and wage replacement without litigation. In contrast, South Carolina personal injury law requires proof of fault. The plaintiff (injured victim) must establish that the defendant breached a duty of care. The breach must cause actual damages. South Carolina uses a modified comparative negligence standard under S.C. Code Ann. § 15-38-15. A plaintiff who is more than fifty percent at fault cannot recover.

• Compensation: In South Carolina, another big difference between a workers’ comp claim and a personal injury claim is the extent to which damages are recoverable as financial compensation. Workers’ compensation benefits focus on medical care and wage replacement. The statute sets defined formulas for temporary disability, permanent disability, and vocational rehabilitation. The worker cannot recover pain and suffering. The system compensates for economic loss only. Personal injury damages are broader. A plaintiff may seek medical expenses, lost wages, diminished earning capacity, property losses, pain and suffering, and emotional distress. Beyond that, punitive damages may be possible when the defendant engages in reckless conduct.

• Ability to Sue: In South Carolina, workers’ compensation is designed to be an exclusive remedy. That is to say that workers give up their right to file a personal injury lawsuit in exchange for no-fault coverage. An injured worker generally cannot file a negligence lawsuit against the employer. The bar protects the employer from civil liability. It also streamlines the process for injured workers who need medical and wage benefits. On the other hand, personal injury law allows a direct lawsuit against the responsible party. The plaintiff can pursue full tort damages. The burden shifts to evidence, expert testimony, and fault.

• Process/Procedure: Workers’ compensation claims move through an administrative system rather than the civil courts. The South Carolina Workers’ Compensation Commission oversees filings, hearings, and awards. The procedural rules are narrow. Deadlines are strict. Evidence follows administrative standards. The focus stays on medical documentation and statutory benefit calculations. In contrast, personal injury claims move through the South Carolina trial courts. The parties conduct discovery, file motions, retain experts, and prepare for a potential jury trial. Procedural rules follow the South Carolina Rules of Civil Procedure and the South Carolina Rules of Evidence. It is a significant procedural difference.

• Timeline: In South Carolina, workers’ compensation cases generally move faster than personal injury cases. A big reason for that is that they follow an administrative schedule. The focus stays on prompt medical treatment, wage benefits, and impairment ratings. Most disputes are resolved through hearings before the South Carolina Workers’ Compensation Commission. Personal injury cases often take longer, especially if litigation is required.

Injured Workers May Have Both Types of Claims

Personal injury claims and workers’ comp claims are not necessarily mutually exclusive. You may be able to pursue both workers’ compensation and personal injury settlements. It is a circumstance that may arise when a third party causes or contributes to a workplace injury. As noted previously, the South Carolina Workers’ Compensation Act blocks negligence suits against an employer, but it does not shield outside parties. A negligent driver, a defective equipment manufacturer, or a negligent property owner can face a separate tort claim. The worker can receive medical and wage benefits through workers’ compensation while also seeking full tort damages from the third party. The two systems move on parallel tracks. Each uses different standards of proof and different remedies. Coordination matters. You need a lawyer who understands both Charleston personal injury claims and Charleston workers’ compensation claims.

We Know Personal Injury and Workers’ Compensation: Remember Trey Helps!

Personal injury claims are complicated, especially so for workplace accident cases. If you or your loved one was hurt badly, it is imperative that you have a top-tier advocate on your side. Attorney Trey Harrell has the knowledge, skills, and professional experience that you can rely on. With a conveniently located law office right here in the 29407 zip code of Charleston, we invest time, resources, and attention to detail into each and every case. Our law firm handles both personal injury claims and workers’ compensation claims.

Remember, Trey Helps! Schedule a Free Consultation With Our Charleston, SC Personal Injury Attorney

Attorney Trey Harrell is committed to providing solutions-driven legal representation to victims and families. Hurt in a workplace accident or any other type of accident? We are here to help. Call us now or connect with us online for your free, no obligation case review. With an office in the 29407 zip code of Charleston, we are well-situated to fight for justice for injured victims throughout the wider region in South Carolina, including in 29401, 29403, 29405, 29409, 29412, 29414, 29424, 29425, 29455, 29464, and 29466. Remember Trey Helps!