Do I Need An Attorney For An On-The-Job Accident? | Stewart Law Offices
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Do I Need An Attorney For An On-The-Job Accident?


Workers’ compensation, also known as workmen’s comp, is a state-mandated insurance system which guarantees money to employees who are hurt from a job-related injury or illness.

An employee with a work-related injury is eligible for workers’ compensation benefits irrespective of whether the employee, the employer, a coworker, a customer, or some other third party was at fault.


Each state has its own laws and programs for workers’ compensation. In North Carolina, all businesses which employ three or more must obtain workers’ compensation insurance. In South Carolina, similarly, every company employing more than four workers is assumed to be covered by the state’s Workers’ Compensation Act. Exceptions to these provisions in both states include federal employees, railroad workers, casual employees like domestic servants, certain real estate salespersons, and agricultural employees.

In exchange for the guaranteed benefits provided by workers’ compensation, employees generally forego the right to sue their employer for damages related to their injuries.

This is the general rule, but there are several exceptions. In certain situations, you may indeed be entitled to file a different or additional claim for damages caused by your injuries. For instance:

  • Third-Party Claim. You are injured on the job by someone who is not employed by your company, known as a “third party.”
  • Defective products. If your injury was caused by a defective product, you might have grounds for a products liability action against the product’s manufacturer.
  • Toxic substances. The manufacturer of a toxic or otherwise harmful substance is often held liable in a toxic tort lawsuit.

Additionally, if you discover that your employer does not carry workers’ compensation insurance, you will very likely be able to sue them in civil court, or collect money from a state fund.

Although workers’ compensation provides financial benefits to injured workers, these disability payments, whether temporary or permanent, are often very low and in many cases fail to compensate an employee for things like pain and suffering.

It is very important for people injured on the job to know their rights. An experienced workers’ compensation attorney can, in many cases, successfully bring a case outside the narrow limits of workers’ compensation.


It will cost you nothing to speak to an attorney about your injury and workers’ compensation. If you would like us to pursue the case on your behalf, we will work to secure the maximum recovery allowed under the law.

If you or a loved one is entitled to workers’ compensation benefits because of a serious injury caused by a negligent or careless third party, we are here to help. Contact our South Carolina injury lawyers today to learn your options.



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