WORKERS COMPENSATION IS A NO FAULT SYSTEM
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 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 whether the accident (an unexpected event or unintended result) was due to a freak chance of events 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. (See Jones v. Harold Arnold’s Sentry Buick, 376 S.C. 375, 656 S.E.2d 772 (S.C. App. 2008). 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 through no fault of your own or through your honest mistake it matters not, you are entitled to medical treatment, out of work pay and damages resulting from permanent injury. Let us answer your questions and guide you through the waters of workers compensation in South Carolina. For a free consultation call the Goings Law Firm, LLC and ask for the Workers’ Compensation Team lead by Christian E. Boesl, at 803-350-9230.