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/ July 18, 2025

Can You Sue Your Employer for a Workplace Injury in South Carolina

If you got hurt on the job, especially while working on someone else’s property, you’re probably wondering: Can I sue my boss for this?

That’s a fair question. A work injury can leave you in pain, out of work, and unsure what comes next. South Carolina law does protect injured workers, but how you go about getting help depends on a few key things.

Let’s break it down in plain English.

Most Workplace Injuries Fall Under Workers’ Compensation

In South Carolina, almost every employer with four or more employees must carry workers’ compensation insurance. This means if you get hurt while doing your job, your main path for getting benefits is through this system, not a lawsuit.

Workers’ comp pays for:

  • Medical treatment
  • A portion of your lost wages
  • Long-term disability if your injury is serious

The tradeoff? You usually can’t sue your employer, even if the injury was their fault. This system is meant to make things easier by not requiring you to prove blame, but it also limits what you can get.

When You Can’t Sue Your Employer

In most cases, you can’t sue your employer directly, even if:

  • You slipped on a wet floor
  • You were hurt by broken equipment
  • A supervisor told you to do something unsafe

Those situations are usually covered under workers’ comp. The system is built to handle all types of on-the-job injuries, without needing a lawsuit.

When You May Be Able to Sue Your Employer

There are a few rare cases where a lawsuit might be possible. These include:

1. Your Employer Hurt You on Purpose

If your boss or someone at work intentionally harmed you, that’s not a typical workplace accident. That could open the door for a personal injury lawsuit.

2. Your Employer Has No Workers’ Comp

If your employer didn’t carry required workers’ comp insurance, they may be held responsible in court. This happens more often with smaller companies or subcontractors.

Can You Sue Someone Other Than Your Employer?

Yes, and this is where things get important for folks working on someone else’s property.

This is called a third-party claim. You may have a valid lawsuit against someone who isn’t your direct employer, like:

  • A property owner who didn’t fix a known hazard
  • A contractor or subcontractor who created a dangerous condition
  • A driver who hit you while you were working on the road
  • A manufacturer of a faulty machine or tool that injured you

These kinds of cases can help you recover money for things workers’ comp doesn’t cover, like pain, suffering, or full lost wages.

What If You’re Hurt While Working on Someone Else’s Property?

This is common in jobs like:

  • Construction
  • Delivery driving
  • HVAC, electrical, or plumbing work
  • Cleaning or maintenance

Let’s say you’re a subcontractor fixing wiring in a Charleston home, and you fall through a broken step the homeowner didn’t warn you about. You may have a valid claim against the homeowner, not just a workers’ comp case.

Or maybe you’re driving for work and get rear-ended, you could file a workers’ comp claim and also sue the other driver.

You can have both a workers’ comp case and a third-party lawsuit, as long as they’re for the same injury.

What to Do if You’ve Been Hurt at Work

If you’re injured while doing your job, especially offsite or because of someone else’s mistake, here’s what to do:

  1. Report the injury to your employer right away.
  2. Get medical treatment. Your employer’s insurance usually picks the doctor, but don’t wait if you need urgent care.
  3. Take photos and notes. Document where and how the injury happened.
  4. Talk to a lawyer. Especially if someone outside your company may be at fault.

You may only have 90 days to report your injury and two to three years to file a lawsuit. Time matters.

Why You Should Talk to a Lawyer

Work injury claims can get messy, especially if:

  • More than one company was involved
  • The property was owned by someone else
  • Insurance is denying or delaying your benefits

A lawyer who handles work injuries in Charleston can look at your situation, figure out if you can sue someone else, and make sure you’re getting everything you’re owed.

Bottom Line

If you got hurt while working, especially on someone else’s property, you may have more options than just workers’ comp.

You might not be able to sue your employer, but you can sue someone else if their actions caused your injury. That lawsuit could help you get full compensation, not just partial benefits.

Don’t try to figure it out on your own. Talk to someone who knows South Carolina law and can help you move forward.

Need help? Injured while working in or around Charleston? Talk to a Brewer Law Firm, LLC before time runs out. You deserve answers, and a fair shot at getting what you need to recover.

Disclaimer: This blog is for general informational purposes only and does not constitute legal advice. Laws can vary by state and specific circumstances. For advice on your particular situation, consult a licensed attorney in South Carolina.