We often help people who have been told by their employer or the insurance company their on-the-job accident “has been denied by workers comp because they failed to follow a safety rule.” Sometimes employers mistakenly mislead employees into thinking that they can’t bring a claim as a compensable workers compensation accident because the accident occurred as a result of some violated safety rule or was the fault of the employee. This reasoning is just simply not the law.
The South Carolina legislature specifically designed the Workers Compensation Act to be a no-fault system. So what does no-fault mean?
A “no-fault system” means that whether the accident was due to chance or due to an actual violation of a work safety rule, it is still a compensable accident under the Worker’s Compensation Act. The fault of an injured worker has no bearing on the right to recovery. The only exception to this rule is the willful and intentional act of an employee to hurt themselves. Id.
So, if you were involved in an accident at work, you are entitled to medical treatment, out of work pay and compensation for damages resulting from permanent injury. Let us answer your questions and guide you through the waters of workers’ compensation claims in South Carolina.