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JeffGerardi

Joined: 3/8/06 Posts: 5849
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Worker’s compensation different than civil litgation


In South Carolina at least you cannot sur your employer for negligence, you are limited to comp for recovery. That is the trade off. You are covered for you injury at work, regardless of fault, but you can’t sue them in tort.
Example: I’m working at McDonald’s and I burn my hand off because the manager refused to to replace a broken fryer he knew about for months. Exclusive remedy prevents me from filing a civil claim against him, but I have a comp claim.
Same scenario but I lose my ha d because the manufacturer built a defective fryer. I can bring my comp claim, also sue the manufacturer. If I recover from the manufacturer, I have to pay the comp carrier back.

(In response to this post by buffhooper)

Posted: 07/31/2020 at 3:30PM



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Current Thread:
 
  
Question for any Employment Law or PI Attorneys -- buffhooper 07/31/2020 2:04PM
  Lots of talk about this -- JeffGerardi 07/31/2020 3:25PM
  Blood sucking tort lawyers - -- cswilliam 07/31/2020 7:45PM
  Understood, but.... -- buffhooper 07/31/2020 2:28PM
  Worker’s compensation different than civil litgation -- JeffGerardi 07/31/2020 3:30PM
  Good point. ** -- buffaloaded 07/31/2020 2:30PM
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