Many have been the unfortunate victim of a workplace accident. Objects that fall and injure employees could be defectively manufactured or become faulty, regardless of the cause, there might be available paths to recovery.
If you were injured by a falling object, you might benefit from legal counsel. Between dealing with insurance companies and filing procedures, seeking recovery could be difficult without a personal injury attorney knowledgeable in the local practices. A Columbia hit by falling objects lawyer might be able to review the facts of your claim and help you decide how to move forward.
An Overview of Workers’ Compensation
A majority of workplace injuries are covered by workers’ compensation. Agricultural workers, railroad workers, and businesses with three employees or less are among the few groups that do not require their employers to provide workers’ compensation insurance.
If a worker that is covered sustains an injury from a falling object in Columbia, they should notify their employer of the injury as soon as possible. Employers should then report the injury to the South Carolina Workers’ Compensation Commission. If an employer refuses to report the injury, employees may file their own claim within two years of the injury.
Employees that are eligible to receive workers’ compensation may seek the following benefits:
- Medical expenses
- Lost wages
- Temporary total disability benefits
- Permanent partial disability benefits
- Permanent total disability benefits
Seeking Legal Relief for Workers Hit by Falling Objects in Columbia
In exchange for receiving workers’ compensation benefits, employees waive their right to sue. However, when an employer intentionally harms an employee, the employee may pursue litigation against the employer. Intentional torts such as assault, battery, intentional infliction of emotional distress, or false imprisonment would be grounds to sue an employer regardless of workers’ compensation insurance.
There are also cases where a third party causes a workplace injury. It is not uncommon for warehouse workers to work with independent contractors, as well as equipment and products manufactured by third parties. In cases where a third party accidentally injures an employee, the employee could file a personal injury lawsuit based on a negligence theory. To prove negligence, a plaintiff must show the following four elements:
Under the first element, the plaintiff has to prove that the defendant owed them a duty of care. When engaging in potentially dangerous activities, such as operating equipment or driving a vehicle, people owe other around them a duty to act as a reasonably prudent person would under the circumstances and prevent unreasonable risk of harm from occurring. When someone fails to act reasonably, they are said to be in breach, the second element.
Finally, the defendant’s negligence must cause the plaintiff’s injuries. It is insufficient only to prove that the defendant acted negligently. The plaintiff must show that the defendant’s conduct was the actual and proximate cause of the harm they suffered. Employees who were hit by a falling object in Columbia suffering a workplace injury from a third party may file a personal injury lawsuit within three years of the injury under South Carolina Code §15-3-530.
How a Columbia Hit by Falling Objects Lawyer Attorney Could Help
If you suffered an injury from a falling object act work, it might be in your interest to seek legal assistance. Workers’ compensation and personal injury cases could be complicated for someone to handle on their own. A Columbia hit by falling objects lawyer could assess your claim and help you determine your recovery options moving forward. Call now and schedule a consultation.