Employee Negligence

In the event that an employee is injured, it is to be hoped for that the employer has insurance. In instances of injuries at work, workers’ compensation insurance can be very beneficial to the employee who has now been injured and may not be able to work.

Workers’ compensation insurance is designed to cover all injuries that occur in a workplace. This means that it is different from filing a claim for an unsafe working condition or a similar personal injury claim. Regardless of how the injury occurred, the worker needs to be compensated for his or her injuries.

One benefit of this system is that it allows for an employee who may have made some sort of mistake to be compensated for his or her injuries. Unlike a personal injury lawsuit for damages, workers’ compensation does not depend on an employee’s lack of negligence or errors to determine whether or not compensation should be paid.

It does not depend on negligence for many reasons. The first is how the system is set up. In exchange for guaranteed benefits in the event of an injury, the employee gives up or relinquishes his or her right to file a lawsuit. In order for the payment to be guaranteed, it cannot be possible to remove the payment in the event of an error.

Another reason the employee can have committed an error and still receive workers’ compensation is because the employee is being compensated for an injury rather than assigning blame to the employer for breach of some duty.

Contact a South Carolina Workers’ Compensation Attorney

If you have been injured at work and are now having difficulties receiving workers’ compensation, contact the Charleston workers compensation lawyers of the Steinberg Law Firm at 843-720-2800.