Warehouse jobs are often strenuous. There are many dangerous risks that workers must be aware of and take precautions to avoid. Slip and falls, falling objects, heavy machinery, and heavy lifting are among the most common causes of warehouse injuries.
Experiencing an injury on the job could be a problematic blow both physically and financially. To complicate matters, deciding on a workers’ compensation claim or a lawsuit could add stress and confusion on top of your already full plate. Fortunately, a Columbia warehouse injury lawyer might be able to provide stability and direction for you and your claim depending on the case. You could rest a little easier, knowing that an experienced personal injury attorney could guide you every step of the way.
Seeking Legal Relief for Workplace Injuries
Employees typically relinquish their right to sue for workplace injuries in exchange for workers’ compensation insurance. However, there are two circumstances where an employee still has the right to sue for a work-related injury.
Under the first exception, an employee may sue their employer if the employer causes their injury through an intentional act. Employers are usually not covered under workers’ compensation insurance for intentional conduct that causes a workplace injury. Examples of intentional acts include:
- Intentional infliction of emotional distress
Under the second exception, employees may sue third parties that cause their work-related injuries. Independent contractors and manufacturers are common examples of third parties that are involved in warehouse industries.
To hold a third party accountable, an injured warehouse worker in Columbia must bring their personal injury action against a third party that causes their workplace injury within three years of the injury under South Carolina Code §15-3-530. If a plaintiff brings the lawsuit and is found to be 50 percent or more at fault for causing the injury, they are barred from recovering damages. This is known as the 50 percent bar rule. If the plaintiff is found 49 percent or less at fault, they may still recover, but their damages are reduced by the percentage of fault they are found to have contributed, causing the work-related injury.
Workers’ Compensation Benefits for Warehouse Injuries in Columbia
Most employees in South Carolina are covered by workers’ compensation insurance. Railroad workers, agricultural employees, and a few other exceptions exist and do not require their employers to provide such insurance.
But for the vast majority of warehouse employees in Columbia that suffer workplace injuries, they may seek workers’ compensation benefits. Employees should report their injuries to their employer as soon as possible and must file their claim within two years, according to South Carolina Code §42-15-40. Injured workers may seek compensation for necessary medical treatment, wages lost from workdays missed, as well as permanent partial and permanent total disability benefits for those that are partially or entirely unable to function or work the same as they did prior to the work-related injury.
Consult a Columbia Warehouse Injury Attorney Today
Accidents happen from time to time. They are hard to avoid. But when an accident happens to you, and you suffer an injury, obstacles, and challenges that you did not expect might come your way. Getting compensation for your injuries could be a long and complicated process. A Columbia warehouse injury lawyer could provide guidance and support for your recovery efforts. To learn more about your options, call now for a consultation.