Does an employer’s accident history factor into a workers compensation claim?

Charleston, SC – Whenever someone is hurt at work, they can file a claim to be paid while they seek treatment and recover. Some jobs are more dangerous than others, and there may even be certain employers who have had a number of their workers get hurt in a short timespan. Anyone who experiences a work injury should follow their employer’s instructions and get legal help. The lawyer can advise the worker whether a workers compensation claim will be sufficient or if an injury lawsuit is necessary. 

Does the claim process change based on the employer’s record?

An injured worker still has the right to file a claim and be paid according to the state’s workers compensation system and local laws, regardless of the employer’s prior incidents. The workplace is also required by law to have coverage that helps injured workers get paid through some kind of workers compensation insurance.

The employer’s record may change their rating and risk levels for the purposes of insurance. This may mean that the workplace ends up paying more into insurance for injured workers if injuries become common in their line of work. Many insurance providers call this an experience rating and they adjust it based on the specific employer’s risk level. Larger workplaces will generally have to pay more money into this system as well, as the risk tends to increase with many people working at the same time. 

Lawsuits against negligent employers

An employer’s history of injuries and negligence may be relevant for the purposes of a negligence lawsuit more than the workers compensation claim. If a hazard or risk was foreseeable, and the employer took no steps to prevent future injuries that occurred in the same or a similar manner to previous incidents, this is strong evidence of negligence. A worker who has already filed a compensation claim may not be eligible to also bring a lawsuit if they have already waived their right to bring a case during their claim. 

However, for very serious injuries the worker may want to bring a lawsuit that will pay for various kinds of long term medical treatment and non-economic losses. There is a much higher ceiling on the amounts available in lawsuits as opposed to compensation claims. Workers should keep in mind that the compensation claim is more for lost wages alone than more severe incidents that require extensive medical treatment with high healthcare costs.  

Local attorneys in South Carolina

The Clekis Law Firm assists people who have experienced work related injuries in the Charleston area or nearby parts of South Carolina. When there are issues with workers compensation claims, their attorneys provide advice and guidance. 

Firm contact info:

The Clekis Law Firm

171 Church St., Charleston SC, 29401

[email protected]



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