Were you injured while at work in South Carolina? You may be entitled to workers’ comp benefits. Indeed, for workers covered by employers, that claim is considered to be an exclusive remedy. This raises an important question: What is exclusive remedy? The short answer is that it means that you can only file a no-fault workers’ comp claim against your own employer, not a personal injury lawsuit. However, the doctrine does not apply to non-employer third parties. Here, our Columbia workers’ compensation lawyer provides a guide to the exclusive remedy doctrine in South Carolina.
South Carolina is a No-Fault Workers’ Comp State
To start, it is important to understand the basics of workers’ compensation insurance in South Carolina. Our state operates a no-fault workers’ compensation system for covered employers and employees (South Carolina Workers’ Compensation Act). An injured worker does not need to prove employer negligence to receive benefits. Instead, the worker must show that the injury arose out of and in the course of employment. In exchange for this lower burden of proof, benefits are limited to those provided by statute.
Through a workers’ compensation claim in South Carolina, benefits generally include medical treatment, temporary disability benefits, and permanent impairment compensation. Pain and suffering damages are not available through workers’ compensation. Fault-based defenses such as contributory negligence do not apply. If you were hurt on the job in Columbia and your employer has workers’ comp, you have the right to get benefits.
Note: Virtually all employers with four or more employees in South Carolina are required by law to obtain no-fault workers’ compensation insurance.
Understanding the Workers’ Compensation Exclusive Remedy in South Carolina
The exclusive remedy doctrine bars injured workers from suing their employer in civil court for job-related injuries. When workers’ compensation coverage applies, it becomes the sole legal remedy against the employer. The protection extends to negligence claims. In other words, even when the employer’s misconduct contributed to the injury, an injured worker is still prevented from filing a fault-based personal injury lawsuit against them.
Exclusive Remedy Definition: The exclusive remedy doctrine provides that workers’ compensation is the sole legal remedy an injured worker may pursue against a covered employer for a job-related injury. It bars civil personal injury lawsuits based on employer negligence in exchange for no-fault statutory benefits. It does not apply to non-employers in South Carolina.
Exclusive Remedy and Workplace Safety Violations
Many injured workers assume serious safety violations allow a lawsuit against an employer. In most cases, the exclusive remedy still applies. OSHA violations and internal safety failures generally do not create civil liability. These issues may support penalties or regulatory action, but they do not override workers’ compensation exclusivity. A company or organization in Columbia that violates a state or federal safety regulation could be facing regulatory sanctions. However, except in very narrow circumstances, they still cannot be sued directly by an injured worker. That worker’s claim is still a no-fault workers’ comp claim.
When the Exclusive Remedy Doctrine Does Not Apply to Employers
The exclusive remedy doctrine does not apply in every workplace injury case. If an employer fails to carry required workers’ compensation insurance, the injured worker may pursue a civil personal injury lawsuit. Remember, South Carolina law only requires employers with four or more employees to carry no-fault workers’ comp coverage. An uninsured employer (whether lawfully uninsured or unlawfully uninsured) can absolutely be sued by an injured worker for negligence. If you find yourself in this position, an experienced Columbia, SC work injury attorney can help.
Exclusive Remedy Doctrine Does Not Apply to Third-Party Liability Claims
A no-fault workers’ comp claim is an exclusive remedy as it pertains to the injured worker’s own employer. It is not an exclusive remedy against any other party. In other words, claims against non-employer third parties remain available, including against contractors, equipment manufacturers, and negligent drivers. Whether the exclusive remedy applies depends on employment status, coverage, and the facts of the injury. Misclassification disputes and borrowed servant issues frequently arise. A Columbia workers’ compensation lawyer can analyze whether the doctrine applies and identify any viable third-party or civil claims.
The Bottom Line: The exclusive remedy doctrine is part of the “grand bargain” that is workers’ comp insurance in South Carolina. An injured worker can get benefits regardless of whether their employer was at fault for the accident. However, if it turns out the employer was indeed at fault, that worker cannot file a personal injury lawsuit. The no-fault claim is the sole claim as it pertains to the employer. Any negligent third party can (and should) be held liable through a fault-based claim. A Columbia work injury lawyer can help.
How Our Columbia Work Injury Attorney Can Help
A workers’ comp claim can be complicated. The exclusive remedy doctrine is just one of several legal issues that will arise in your case. At McCravy, Newlon & Clardy Law Firm P.A., we are a solutions-driven law firm that is always prepared to go the extra mile to do right by injured workers and their families. You can see it in our client testimonials and our history of case results. Do not take on the claims process alone after a bad workplace accident. Your initial consultation with our Columbia workers’ comp attorney is free and fully confidential.
Contact Our Columbia, SC Workers’ Compensation Lawyer Today
At McCravy, Newlon & Clardy Law Firm P.A., our Columbia workers’ comp attorney is a compassionate advocate for injured workers. If you have any questions about the exclusive remedy doctrine, we are here to help. Contact us now for a free, no obligation initial consultation. Our firm represents injured workers in Columbia and throughout the region, including 29207, 29208, 29209, 29210, 29211, 29212, 29214, 29215, 29216, 29217, 29218, 29219, 29220, and 29221.