If you have suffered injuries at work, a claim through the state workers’ compensation system might not fully compensate you for your injuries. The good news is that you could be entitled to pursue direct legal action due to your workplace injuries. A dedicated attorney could assist in evaluating your claim and advising you on your ability to file a lawsuit in addition to a worker’s compensation claim.
In many cases, a Charleston employment lawyer could assist in recovering financial compensation for your injuries. By filing a direct lawsuit, you could gain access to damages not covered by worker’s compensation. Schedule an initial consultation right away to learn more.
Filing Lawsuits for Work Accidents
It is a common misconception that injured workers do not have the right to file a lawsuit following a workplace accident. While the worker’s compensation system provides financial benefits in lieu of filing a lawsuit against an employer in most cases, it does not prevent all legal action following a work accident.
Some injuries can fall outside the scope of a worker’s compensation claim, which could give an employee the right to pursue legal action against an employee. While these circumstances are rare, there are other situations that frequently allow an employee the opportunity to pursue legal action based on a workplace injury.
It is important to note that worker’s compensation laws do not prevent a worker from filing an injury lawsuit against a third party. While this precludes lawsuits against fellow employees, state law does allow for claims against a wide range of third parties. For example, a motorist that negligently crashes into a construction site could face liability for any injuries they cause. Since the injured workers are hurt on the job, worker’s compensation insurance might provide for some of their medical care. However, a direct lawsuit against the negligent driver is also possible so long as they were not also an employee of the company on the clock at the time of the accident.
Potential Compensation From a Workplace Injury Lawsuit
An injured worker or their Charleston lawyer could recover a variety of damages based on injuries suffered during the course of their employment. Some of those forms of compensation include:
Medical bills routinely make up a large part of a workplace injury claim. These expenses could include the cost of hospitalization, physical therapy, or medical devices, among other things.
Some workplace injuries are so severe that the employee is unable to return to work immediately. A successful injury claim could result in wages lost prior to the filing of the lawsuit as well as any future diminished earnings resulting from the injury.
Certain injuries can result in a lifetime of scarring or disfigurement. Examples could include severe burns or the loss of a limb. An employee living with this disfigurement could be entitled to financial compensation.
Call a Charleston Employment Attorney Right Away To Discuss Your Injury
It may not be immediately clear to you if you are entitled to pursue legal action following a workplace injury. However, you should never assume your rights are limited to a worker’s compensation claim.
A Charleston employment lawyer can review every aspect of your case and advise you of your options moving forward. With their help, you could pursue a legal claim against the person responsible for your workplace injury. Schedule a confidential case evaluation right away to learn more.