Can you sue your employer in South Carolina?

An employee that suffers an injury or illness while on-the-job must notify their employer with 90 days of the incident. An injured employee may need to seek medical treatment as well as miss days from work. However, the employee cannot sue the employer for work-related injury or illness. Under South Carolina Workers’ Compensation law, the employee may seek compensation and benefits for their accident through the South Carolina Workers’ Compensation Commission (WCC). The WCC is the exclusive remedy for compensation for a work injury or death. Therefore, an employee cannot directly sue their employer for a work injury. Instead, an injured employee has the option to file a workers’ compensation claim and receive benefits from their employer’s workers’ compensation insurance.

Although the employee cannot sue their employer for a worker’s compensation claim, they may be able to sue for unlawful treatment arising out of the claim. If an employee receives a discharge or demotion because they filed a workers’ compensation claim, that may be considered as a retaliatory discharge or demotion. South Carolina law prohibits an employer from discharging or demoting an employee for filing a worker’s compensation claim or participating in a worker’s compensation proceeding. If that happens, however, an employee can file a lawsuit directly against the employer. They are entitled to compensation for lost wages and reinstation to their former position. The employee has to burden to proof that their termination or demotion was only due to their filing or participating in a workers’ compensation claim against the employer. The statute of limitations to bring the lawsuit for an employment retaliatory discharge or demotion is one year from the date of the discharge or demotion.

Other Workers’ Compensation FAQs:

• Can I be compensated for missing time from work?
• Can you be fired while on worker’s compensation in South Carolina?
• Can you sue your employer in South Carolina?
• Do I have to work if my doctor approves “light duty” work?
• How does the workers’ compensation judge calculate how much money you get?
• How does workers’ compensation work in South Carolina?
• How long does workers’ compensation last?
• How much does it cost to hire a workers’ compensation law firm?
• I was injured on the job. Can I file a suit against my employer?
• What are some of the most common work related injuries?
• What can disqualify me from South Carolina workers’ compensation?
• What does Partial Disability mean under South Carolina’s workers’ compensation law?
• What does Total Disability mean under South Carolina’s workers’ compensation law?
• What Happens if I’ve been hurt on the job and I’m permanently disabled?
• What happens to my job if I’ve been injured?
• What if I need to get back to work, but my doctor hasn’t approved it?
• What if I’ve seen my company doctor but want a second opinion?
• What if the employee dies due to a work injury? What kind of benefits does the family get?
• Why do I need a workers’ compensation lawyer? Shouldn’t I just contact the insurance company by myself?