Water and chemical spills could cause lots of damage and injury to those around them. Warehouse workers may experience mishaps, breaking products or machinery, and dangerous spills from time to time.
If you suffered a work-related injury from a water or chemical spill, you might be entitled to workers’ compensation. In some cases, filing a lawsuit to recover damages may be appropriate. It could be difficult to ascertain your rights to recovery without the proper legal guidance. A local personal injury attorney could provide you with guidance and support on your way to recovery. A Columbia water or chemical spills lawyer could lessen the load and help you fight for your right to recovery.
Filing a Lawsuit
South Carolina operates as a no-fault insurance state. Under no-fault, employees are not required to prove that the employer was negligent to receive benefits. In exchange for receiving no-fault benefits, employees waive their right to sue their employer in court.
Generally, there are two instances in which an injured employee may bring a personal injury lawsuit. Workplace injuries that result from a third party’s actions are not covered under workers’ compensation. Injuries caused by product manufacturers, independent contractors, and other workers that are not employed by the same company are not covered by workers’ compensation, and therefore they may be sued. For example, if a chemical or water spill accident in Columbia resulted from a third party, an injured warehouse worker could file a personal injury lawsuit against them to recover damages.
Under the second instance, an employee may sue their employer for intentional acts that cause a workplace injury. Intentional acts, also known as intentional torts, might include assault, battery, invasion of privacy, or intentional infliction of emotional distress.
Filing for Workers’ Compensation in Columbia
Warehouse workers injured from water or chemical spills in Columbia should report their injury to their employer as soon as practicable. Injuries should be reported within 90 days, and if not, the right to receive benefits could be lost. South Carolina Code §42-15-4 requires that employees file their claim for workers’ compensation within two years of the sustained injury to the South Carolina Workers’ Compensation Commission. Employees may file their claim through their employer or themselves using Form 50.
If the claim is denied, employees may file an appeal by submitting a hearing request to the Commission. The hearing is conducted by one Commissioner in the county in which the workplace injury was suffered. The Commissioner would decide the hearing by issuing an order. If denied again, employees could appeal again and get a panel of three Commissioners to hear the claim.
Awards may be appealed by filing a lawsuit in the South Carolina Court of Appeals. Plaintiffs have 30 days from the date the award was issued to file the case, and they must explain what the grounds are for appeal. If the Court of Appeals denies the claim, a worker’s last resort would be to appeal to the South Carolina Supreme Court.
How a Columbia Water or Chemical Spills Attorney Could Help
A Columbia water or chemical spills attorney could help you fight for your rights. It could be challenging for anyone to seek the recovery they are entitled to while they are healing from their injuries and staying on top of financial burdens and other personal obstacles. Reach out to a local personal injury attorney and learn whether you may be eligible for recovery and what paths you could take to get there. Call now, find out what options you might have for recovery today.