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Injured at Work: Work Comp or Personal Injury?

Written by John D. Hawkins on . Posted in .

When a serious accident happens at work and you’re left with serious injuries, you need help. There are a few ways to get the compensation you need, but which way is right for you?

Many injured South Carolina workers aren’t sure whether they should pursue workers compensation benefits or file a personal injury lawsuit. Without legal guidance, it’s tough to be sure which route you should take.

If you’re not sure whether your case counts as personal injury or workers comp, you’ll need to look closely at your situation. Your employer and the cause of the accident may make a big difference. Fortunately, a qualified lawyer can advise you.

When You Should Receive Workers Comp

For most South Carolina workers, workers compensation will be the simplest way to get the compensation they need after an on-the-job injury. Because most employers in our state are required to purchase workers comp insurance, you should be able to get your benefits quickly, although insurers do commonly deny legitimate claims.

If you have workers compensation coverage, you’ll simply need to report the injury and notify your employers that you’re seeking workers compensation. They’ll contact the insurer, which will investigate your claim to determine whether you should receive compensation and how much you should receive.

Generally, you should get two-thirds of your original wage, but other benefits may be involved, as well. Any related medical expenses should be covered, for example.  

When You Should File an Injury Claim

While work comp may be the simplest option, it might not be available to you. While South Carolina covers the majority of its workers, a few types of workers are exempt, including the following:

  • Some agricultural workers
  • Employees in companies with fewer than four employees
  • Some temporary or casual employees

In these cases, you’ll be unable to file for workers compensation at all. On the other hand, you may have workers comp coverage, but your situation might call for a personal injury claim anyway.

For example, your employer might have done something to intentionally harm you, or you might have been injured because of a defective piece of equipment. Both of those scenarios could warrant a personal injury claim.

Either Way, Call a Lawyer

Unfortunately, whether you’re filing a personal injury or work comp claim, getting the compensation you need after you’re injured at work can be difficult. You may have to fight for your compensation to get the full amount you deserve.

Don’t fight for your compensation alone. A lawyer from HawkLaw, PA can help. We understand how difficult securing compensation for a work injury can be, and we’ll fight to make sure you get every cent you’re entitled to.

No matter which type of compensation you’ll receive, our lawyers can help, so call soon to schedule your free case review*. Give us a call at 1-888-HAWK-LAW (429-5529) or complete the online contact form at the bottom of the page to get started.

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Written By John D. Hawkins

John David Hawkins is the Founder and Owner of HawkLaw. He has been licensed to practice law in South Carolina since his graduation in 1994 from the University of South Carolina School of Law. Focusing on litigation, Mr. Hawkins is experienced handling Worker’s Compensation, Personal Injury, Social Security Disability, Administrative Law, and Criminal Law matters.

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