The South Carolina Workers’ Compensation Act does not provide for pain and suffering as part of your workers’ compensation claim. The workers’ compensation system is a no fault system. That means it does not matter who is at fault for your injuries, you still get the statutory damages. So that the system works to get employees medical treatment and payment for time out of work fast- your employer has given up the right to try to blame you for the accident in which you were injured and you have given up the right to pain and suffering and punitive damages.
The one exception to this rule is if your injury was caused by someone other than your employer or someone working for your employer. As an example, if you are injured in a car accident that is not your fault while on the clock for your employer, your employer will still pay all your benefits under the Workers Compensation Act and you will also have a personal injury claim against the person that caused the accident. You can claim pain and suffering in that personal injury claim against the at-fault driver. If someone else is responsible for your injury, make sure to speak with an experienced attorney before settling your personal injury case. If you do not follow the proper procedures you could ruin your rights to your workers’ compensation benefits.
If you have questions about your workers’ compensation or any other questions about your legal rights, please contact Venus Poe today at 864-963-0310 or click here to fill out an online case evaluation form. We have offices in Greenville, South Carolina and Fountain Inn, South Carolina to better serve you. There is no obligation or charge for our initial consultation to see if we can help you with your workers’ compensation claim.