If you’ve been hurt on the job, your first thought might be to sue your employer for damages—especially if your injury was caused by unsafe working conditions or negligence. But in South Carolina, it’s usually not that simple.
Here’s the short answer:
In most cases, no—you can’t sue your employer.
Why? Because workers’ compensation is considered the exclusive remedy for workplace injuries in South Carolina. That means you give up the right to sue in exchange for guaranteed medical care, wage replacement, and disability benefits—regardless of who was at fault.
But like most legal rules, there are exceptions.
When You Can Sue Your Employer
Although rare, here are a few situations where a lawsuit might still be allowed:
Intentional Harm
If your employer deliberately caused your injury (not just through negligence, but actual intent), you may be able to file a civil lawsuit.No Workers’ Comp Insurance
If your employer was legally required to carry workers’ comp coverage and failed to do so, you might have grounds to sue them directly (see our previous post on this).Third-Party Involvement
You may not be able to sue your employer, but if a third party caused your injury—such as a subcontractor, manufacturer of faulty equipment, or driver in a work-related crash—you can sue that party while still receiving workers’ comp.
Why Workers’ Comp Still Matters
Even though it limits your legal options, workers’ compensation still offers important protections:
Covers your medical bills
Pays a portion of lost wages
Provides compensation for permanent injury
Helps with job retraining or placement when needed
It’s not perfect—but it’s better than having to prove fault in court just to get your bills paid.
Every case is different—talk to a lawyer.
If you think your injury involved serious employer misconduct or you’re not getting the benefits you deserve, it’s time to ask questions. At Martin & Martin, P.A., we’ll help you understand your options and figure out whether a lawsuit—or a stronger workers’ comp claim—is the right path forward.
Call us today for a free consultation. We’re here to help injured workers in South Carolina get real answers and real results.