Legal Question in Personal Injury in South Carolina

Re: Hurt on job

Your question is a bit vague and hard to answer without more information, but is a good question. You said that the place is closed and you cannot go back and do that job. Is that because the place is closed or because you have a physical limitation. It is also important to know if the Workers Compensation case is still open or settled, and what type of surgery. Lastly, an attorney would need to know how the accident happened in order to see if there is any third-party liabiltiy. Your welcome to call or emial. Robert Johnston

Re: Hurt on job

It is possible that you can sue the Owner, but only if you are not covered by workers' compensation. If you were hurt on the job, and your employer had 4 or more employees, including the owner, then you would be covered by workers' compensation insurance.

If the company you were working for did not have 4 or more employees, but the company was serving as a subcontractor for another company that did have 4 or more employees, you would also be covered by workers' compensation insurance. (This situation often occurs with construction jobs.)

Even if the company did not have workers' compensation insurance, you still may be covered by the S.C. Uninsured Employers' Fund.

Your surgery and all medical care including medication should be paid for by workers' comp insurance. You should be reimbursed for any expenses that you have already paid for. You are entitled to receive 2/3 of your gross pay weekly for every week you are out of work for up to 500 weeks. This is called your weekly compensation rate. You are entitled to mileage for your trips to the doctor, and finally you would be entitled to an award for any permanent injuries/limitations. The award could be an amount equal to 500 weeks minus what you have already received in weekly benefits.

Depending on the type of accident, you may also be able to recover damages from a third party. For instance, if you were driving a company truck and some one else ran into you.

I hope this information is helpful. Please let me know if I can be of assistance.