Under the exclusive remedy doctrine, workers who are hurt while doing work for their employer are only allowed to seek job injury benefits through their employer’s workers’ compensation insurance policy. In other words, they may not be able to file a civil lawsuit against their employer for negligence. However, there are exceptions to this rule, and there are also situations where someone may be able to sue a third party who is responsible for the person’s losses.
Williams & Roche, LLC, helps people navigate the challenges of receiving compensation after a job-related dangerous exposure, repetitive trauma, or a workplace accident harms them. We understand the struggles that people go through after an incident puts them out of a job or prevents them from making as much money as they could have before.
What Is the Exclusive Remedy Doctrine?
South Carolina’s doctrine of exclusive remedy prohibits employees from suing their employers if they get hurt while at work. For example, a worker who is in a job-related accident may not be able to file a personal injury lawsuit against the company they work for. Instead, they may have to file a workers’ compensation claim unless they can show that an exception applies.
In turn, the worker may get benefits even if they cannot prove their employer was at fault. All they may have to prove is that they experienced a work-related loss and are an eligible employee.
How the Exclusive Remedy Doctrine Works in South Carolina
The exclusive remedy may force an employee to seek benefits by filing a work injury claim. Workers’ compensation is an insurance policy that many South Carolina employers have to have in place to provide benefits to an employee who experiences a covered loss while at work. To claim benefits under this policy, the worker must file a notice of accident within 90 days after they are hurt or realize their condition is work-related.
Additionally, the person should file a formal claim with the Workers’ Compensation Commission within two years. There are exceptions to these deadlines that can give someone additional or less time to file.
Exceptions to the Exclusive Remedy Doctrine in South Carolina
There are several exceptions to the exclusive remedy doctrine, which may allow employees to take alternative legal action outside the workers’ comp system. For example, if a third party or a contractor causes their losses, the employee may qualify to file a civil lawsuit, such as a personal injury claim, against the person who harmed them.
Additionally, if their employer or a fellow employee intentionally harmed them, this may be the legal basis for a formal lawsuit. Likewise, if their employer should have taken out a workers’ comp policy but failed to do so, the worker may be able to file a lawsuit instead.
Impact on Employees and Employers
The exclusive remedy doctrine accomplishes two goals. First, it may make it easier for employees to receive compensation after they get hurt while at work. They do not have to prove negligence or fault to win their case and receive a payout like they do if they were to file a lawsuit.
The doctrine also protects employers from being sued by their employers, which may strain the employer-employee relationship and make it costlier for the company to operate. However, this doctrine can also make it harder for employees to receive a comprehensive settlement that covers all their losses. Instead, their damages are limited to whatever the insurance policy and applicable workers’ compensation laws allow.
How To Navigate Workers’ Compensation Claims
If you are hurt at or because of your work in South Carolina, your first step is to tell your employer about your injury. You may qualify for compensation if you are an eligible employee (not an independent contractor, for example) and are injured because of an accident, repetitive trauma, or long-term exposure to hazardous workplace substances.
You may have 90 days to tell your employer and up to two years to file a job injury claim with the Workers’ Compensation Commission. Once you submit these notices, your employer’s workers’ comp insurance provider may investigate your claim and either accept or deny it. It is a good idea to talk to a lawyer to discover your legal options and determine if a settlement proposal is fair.
Williams & Roche, LLC, Can Help You Understand How the Exclusive Remedy Doctrine Impacts You
The exclusive remedy doctrine may prevent you from filing a lawsuit against your employer if you are hurt at work; however, there are exceptions to this rule. A seasoned South Carolina workers’ compensation attorney can provide you with targeted solutions to your legal matters and help you get the benefits you are entitled to under the law.
The experienced team at Williams & Roche, LLC, is dedicated to providing a comprehensive suite of services to injured workers. We collaborate with our clients to learn about their injuries, concerns, and what a successful outcome looks like to them. We then carefully craft and carry out a legal strategy to try to achieve those outcomes. Call our team today at 803.784.0503 to set up a time to discuss your concerns and learn about what we can do for you.
