Do I have a choice about whether to file a workers’ comp claim or sue my employer in South Carolina?

Generally not. The state’s workers’ compensation program is required to ensure that you are compensated for workplace injuries, regardless of fault. This is the exclusive remedy for employees, which means that because this program is in place, you generally cannot hold your employer liable for your injuries. There are some exceptions, however, including circumstances in which your employer did not obtain this insurance policy as required by law. And should the workers’ comp insurance company attempt to wrongfully deny or reduce the benefits it owes you, call us—you can sue the insurance company for failure to pay the benefits you deserve.