If you’ve been injured at work, you’re probably focused on getting the medical care you need and paying your bills while you’re out. But as the dust settles, a bigger question might arise: Am I entitled to more than just workers’ comp?
That’s a more common question than you think — and in some cases, the answer is yes.
At Johnson, Johnson, Whittle, Lancer & Staggs, we help injured workers across Aiken and greater South Carolina understand their rights. As experienced workers’ compensation attorneys serving the Aiken area for over 40 years, we’re here to help you understand your options clearly, starting with how South Carolina law treats workers’ comp and personal injury claims.
We’ll explore how these two systems work, when they overlap, and your options for the compensation you deserve after a serious workplace injury in South Carolina.
Workers’ Compensation in South Carolina
Injuries that occur during the course of employment are usually covered under South Carolina’s Workers’ Compensation Act (S.C. Code Ann. § 42-1-10 et seq.). This no-fault system provides medical treatment and partial wage replacement without requiring you to prove your employer did anything wrong.
Through a workers’ comp claim, you may be entitled to:
- Medical care, rehabilitation, and surgery
- Travel to medical appointments
- Partial wage replacement—usually two-thirds of your average weekly wage
- Permanent disability, if applicable
- Vocational retraining when necessary
All claims for workers’ compensation in Aiken are filed with the South Carolina Workers’ Compensation Commission (SCWCC) and follow strict guidelines. Once accepted, you typically lose the ability to sue your employer for negligence. This is known as the exclusive remedy rule — it protects your employer while guaranteeing you receive the benefits.
What is a Personal Injury Claim?
A personal injury lawsuit differs from a workers’ compensation claim in scope and purpose. It’s filed in civil court against a third party whose negligence caused harm. Unlike workers’ comp, a personal injury claim requires proving someone breached a duty of care and that failure caused your injuries.
While proving fault requires more work, the potential recovery is broader. Victims may receive:
- All medical costs—past, present, and future
- Full lost wages—not capped at two-thirds
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Punitive damages in cases of gross negligence or recklessness
If someone other than your employer contributed to your workplace injury, such as a careless driver or equipment manufacturer, you may be able to file a personal injury claim in addition to workers’ compensation in Aiken.
When Can I Pursue Both Claims?
Some workplace situations involve more than just employer negligence. When a third party — a person or company not associated with your employer- is responsible for the accident, you can often pursue both.
Here’s how that works in South Carolina:
- On-the-Job Car Accidents: A nurse driving between patient visits is hit by a distracted driver. Workers’ comp would cover the medical bills and lost wages, while a separate claim against the at-fault driver would cover pain and suffering and uncovered losses.
- Injuries from Defective Equipment: A contractor using a faulty power tool supplied by an outside vendor gets burned. A personal injury lawsuit may be filed against the tool’s manufacturer for design defects or failure to warn.
- Unsafe Premises: A delivery worker slips on an unmarked wet floor in a third-party business. A premises liability claim may be available against the property owner.
- Assaults by Non-Employees: If you’re injured in a physical altercation with a customer or visitor, you may have a claim against the individual responsible.
In all of the above examples, South Carolina law allows dual claims—you can receive workers’ compensation in Aiken through your employer’s insurer and seek additional recovery from the liable party.
Key Differences in Compensation
Knowing what’s covered under personal injury claims and workers’ comp — and what isn’t — can help you understand your options after an accident.
Workers’ Compensation
- Pays only for medical care and a portion of lost income
- Doesn’t account for pain, suffering, or loss of quality of life
- Benefits are generally the same, but limited
Personal Injury
- Covers full economic and non-economic losses
- Requires proof of negligence, but the payoff can be big
- May include future damages and punitive awards
One important note: if you settle a personal injury claim after claiming workers’ compensation in Aiken, your employer’s insurer may ask to be reimbursed through a process called subrogation. South Carolina courts often review these liens to ensure fairness, especially when your total damages exceed what workers’ comp covered.
Why Legal Help Matters
When you’re recovering from an injury, dealing with one claim is hard enough — let alone two overlapping systems with different rules and deadlines. Working with an Aiken personal injury attorney who understands South Carolina workers’ comp and personal injury law is key to protecting your rights.
At JJWLS, we help clients:
- Identify all liable parties and sources of recovery
- Preserve important evidence for both claims
- Communicate with insurance adjusters and the SCWCC
- Avoid actions that could reduce or forfeit one of your claims
- Negotiate lien reductions so you keep more of your final settlement
We serve clients in Aiken, North Augusta, and throughout the CSRA. We’ve handled many work injury cases involving dual claims and know how to tailor your strategy based on the facts, whether the injury was from an auto accident, third-party negligence, or a complex construction site incident.
Injured on the Job? You May Be Entitled to More Than Just Workers’ Compensation in Aiken
After a work injury, it’s easy to assume workers’ comp is your only option. But if someone outside of your employer was involved, you may have more compensation than you’ve been told.
South Carolina law allows you to hold third parties accountable — and filing a personal injury claim with a workers’ comp case isn’t just possible, it’s the only way to get what you really need to heal, provide for your family, and move on.
At Johnson, Johnson, Whittle, Lancer & Staggs, we’ll explore all avenues of compensation available under South Carolina law. Let us hear your story, assess your injury, and give you the straight talk you deserve. Call (803) 649-5338 today to schedule your free consultation.
