How much Can You Get for Suing Your Employer
If you get hurt on the job in Columbia, you probably won’t sue your employer. In most cases, South Carolina law doesn’t allow that. Instead, you file a workers’ compensation claim. This system is meant to help you get medical treatment and money for lost wages, without having to sue.
Let’s walk through what you can get, what you can’t, and when a lawsuit might be allowed.
Can You Sue Your Employer?
Usually, no.
South Carolina law protects most employers from lawsuits if they carry workers’ comp insurance. This is part of a deal: you give up the right to sue, and your boss gives up the right to blame you for your injury.
There are some exceptions, though. You might be able to sue your employer if:
- They don’t have workers’ comp insurance, and they should.
- They hurt you on purpose, and we mean actual intent to cause harm.
- A third party (not your boss or coworker) caused your injury.
What Can You Get Through Workers’ Compensation?
Workers’ comp in South Carolina covers:
- Medical bills related to your injury
- Two-thirds of your lost wages, up to a set weekly max
- Permanent disability benefits, if your injury lasts
- Death benefits, if a worker dies on the job
Here’s how the money breaks down:
1. Wage Benefits
You get about 66% of your average weekly wage. But there’s a limit. As of 2024, the most you can get is $1,035.78 per week.
2. Medical Care
All treatment approved by the workers’ comp doctor is paid. That includes surgery, rehab, and prescriptions.
3. Disability Payments
If your injury leads to permanent damage, a formula decides how much you’ll get. It depends on which body part is hurt and how bad it is.
For example:
- Losing a hand: up to 185 weeks of benefits
- Losing a leg: up to 195 weeks
- Total disability (like paralysis or brain damage): lifetime benefits
Can You Sue Someone Else?
Yes, if someone besides your boss caused your injury.
Let’s say:
- A delivery driver hits you while you’re working.
- The machine you use is defective.
- A subcontractor causes a fall on a shared job site.
In those cases, you might be able to file a third-party lawsuit. That means you could get more money, including pain and suffering, which workers’ comp doesn’t cover.
You can file both a workers’ comp claim and a third-party lawsuit. But if you win the lawsuit, the workers’ comp insurance might take part of your payout to cover what they paid you.
How Much Can You Get in a Lawsuit?
If you qualify to sue (like in a third-party case), the payout depends on:
- Your medical costs
- Your lost income
- Your pain and suffering
- Any long-term effects
There’s no cap on third-party cases. Some injured workers in South Carolina have received six or even seven-figure settlements. But every case is different. You’ll need strong proof of fault and damage.
What Should You Do Next?
If you’re hurt at work in Columbia, don’t try to figure this out alone. Here’s what to do:
- Report your injury right away, within 90 days.
- See the doctor your employer sends you to.
- Talk to a local workers’ comp attorney, especially if:
- You’re denied care.
- You can’t return to work.
- Someone outside your job caused the injury.
An attorney can tell you if a third-party lawsuit is possible, and help you get everything the law allows.
Final Takeaway
In Columbia, SC, you usually can’t sue your employer for a work injury. But you can get help through workers’ comp, and maybe more if someone else caused the harm. The amount you can get depends on the injury, how long you’re out of work, and who was at fault.
Don’t guess. Talk to a lawyer who knows South Carolina law. You could be missing out on money you’re owed.
Disclaimer – This blog is for informational purposes only and does not provide legal advice. Workers’ compensation laws can vary based on your specific situation. For legal help, contact a licensed attorney in South Carolina.
