FAQS

In South Carolina, the Modified Comparative Negligence rule applies to personal injury claims. This means that if you are found to be partially at fault for your accident, your compensation may be reduced in proportion to your share of the fault. For example, if you are found to be 25% responsible for the accident, any damages awarded to you will be reduced by 25%. However, if you are more than 51% at fault for your injuries, you may be barred from seeking any compensation.

In South Carolina, you have 30 days to report a work injury, but it is best not to wait that long. Prompt reporting of an injury can reduce delays and help ensure you receive the medical care and benefits you are entitled to. Additionally, if you wait too long to report an injury, it can be difficult to prove that it occurred in the workplace, or you may encounter additional obstacles in the process of filing a claim. For these reasons, it is best to report any workplace injuries as soon as possible, preferably in writing.

In South Carolina, healthcare workers who become sick with COVID-19 are covered by workers’ comp if they can prove that they contracted the virus while performing their job duties. This can be done by providing evidence, such as a statement from a doctor confirming the diagnosis or documentation that shows they were actively providing care to a COVID-19-positive patient while they were on the job.

Generally speaking, if you are covered by workers’ compensation, you cannot sue your employer for a work injury, even if the injury may have been caused by their negligence. Workers’ compensation is a no-fault system that provides benefits regardless of who was at fault for the injury. In exchange for providing this coverage, most employers are protected from being sued by an employee. However, if you are not an employee or are not covered by workers’ comp, you may be able to initiate a personal injury lawsuit against the business or responsible party for your injury.

Generally, injuries resulting from horseplay, self-inflicted injuries, intoxication, and injuries sustained while committing a crime are not covered. For instance, if an employee is injured while engaged in a physical altercation with another employee, it is likely that workers’ comp would not cover their medical expenses. Additionally, injuries caused by a pre-existing medical condition or an illness that is not related to the job may not be covered.