When you’re injured, the first thing you might think of is a personal injury lawsuit. But depending on the circumstances and who is responsible for the injury, you may have a workers’ compensation claim.
It’s important to understand the differences between personal injury and workers’ comp in South Carolina. Our experienced Greenville personal injury lawyer at Bobby Jones Law explains.
Key Differences Between Personal Injury and Workers’ Compensation
A personal injury claim is filed in court and is the traditional method for receiving compensation when you are injured by the actions of others.
South Carolina became a state in 1788, and personal injury common law has existed ever since. There are a few statutory considerations, such as a statute of limitations, comparative negligence, and rules of evidence, for presenting a case.
Generally, the personal injury claim system allows a person who is injured by the actions of others to file a legal claim in court. The plaintiff must prove that the defendant is legally responsible for their injuries, often due to negligence. A successful claim results in the plaintiff receiving compensation for their losses.
Workers’ compensation and personal injury
In the early 20th century, lawmakers realized the personal injury system was insufficient for injured workers. Building a personal injury case takes time and leaves the victim waiting for compensation.
An injury at work often leaves the evidence with the employer, who may not voluntarily provide evidence that implicates their wrongdoing. Even if the employer isn’t negligent, there is still an injured employee who needs help quickly.
The South Carolina Workers’ Compensation Act was passed in 1935. Many other states passed workers’ compensation laws between 1911 and 1948. These laws provide employees with fast access to medical care and replacement income when they are injured on the job. Permanent disability and disfigurement may also be compensated.
How workers’ compensation is different from personal injury
The workers’ compensation system doesn’t require the employee to prove employer fault. The worker must prove that they were hurt in the scope and course of their employment. Usually, workers’ compensation is the sole remedy against the employer.
The case doesn’t start in court. Instead, there’s an administrative procedure, administered by the South Carolina Workers’ Compensation Commission. This system is meant to be easier for workers, removing the requirement of proving negligence and processing claims faster than is typical in the personal injury system.
When a Work Injury Becomes a Personal Injury Lawsuit
Even when you are injured at work, a personal injury lawsuit may apply. When no one is at fault for the accident or when the employer is the only negligent party, workers’ compensation is usually the only remedy.
But when someone other than the employer has legal fault, the injured individual isn’t limited to workers’ compensation. In these cases, the work injury can become a personal injury lawsuit. An employer may also be liable in personal injury claims for especially egregious misconduct.
Can You File Both a Workers’ Compensation and Personal Injury Claim?
Yes. If you are injured on the job and you qualify for both workers’ compensation and a personal injury claim, you can pursue one or both cases.
If you receive workers’ compensation benefits and collect personal injury compensation, the workers’ compensation insurer may recoup the cost of benefits paid for medical expenses and lost wages.
Bobby Jones Law is an experienced attorney who can explain the value of each case and how concurrent claims can work in your case. An attorney can provide legal advice and answer your questions.
Chart – Examples of Cases That Fall Into Each Category
| Type of Injury | Personal Injury | Workers’ Comp |
| No-fault workplace injury. You’re hurt on the job. No one is at fault, and the most fault attributed to you or the employer is negligence. | NO | YES |
| Gross negligence/intentional harm. You’re hurt on the job. The employer acted with gross negligence, disregarding your safety and putting you in an extremely unsafe situation. | YES | YES |
| Car accident on the job. A car accident occurs while you’re traveling for work. | YES | YES |
| Car accident not on the job. A car accident occurs while you’re commuting to work in your personal vehicle. | YES | NO |
| Fault besides the employer. Injury on the job when someone other than the employer, like a contractor or someone you encounter in business, is at fault. | YES | YES |
| Intentional harm, job-related. Someone intentionally injures you on the job. The attack is related to your employment. | YES | YES |
| Intentional harm, not job-related. Someone you know intentionally injures you while you are working. The attack is not related to your employment. | YES | NO |
| No workers’ comp insurance. You’re hurt on the job. The employer doesn’t have the required workers’ compensation insurance. | YES | Uninsured Employers’ Fund (UEF) claim |
| Intentional harm, coworker. You’re intentionally hurt by another coworker. You were in the course of your duties. | YES | YES |
| Off-duty, accidental, or intentional harm. You’re hurt by a coworker off-duty, unrelated to your employment. | YES | NO |
| Personal errand. The injury occurs while running an errand outside the scope of employment. | YES | NO |
Since we don’t yet know your precise circumstances, we cannot guarantee what type of claim you have. The best way to know your options and what your case may be worth is to contact an experienced lawyer to discuss personal injury vs. workers’ comp.
How an Experienced Greenville Personal Injury Lawyer Can Help You Make the Right Choice
An experienced Greenville personal injury lawyer at Bobby Jones Law can help you understand personal injury vs. workers’ compensation. Attorney Robert “Bobby” Jones can determine if you have a workers’ compensation case, personal injury claim, or both.
He can explain the differences and what you need to know as you make decisions. He can represent you in both your workers’ compensation claim and personal injury claim. At Bobby Jones Law, we take even the most complicated cases and succeed.
If you’ve been injured, we invite you to contact us. We’re taking new cases. Call or message us to begin.
