Can I sue my employer for pain and suffering and Negligence?

Asked 6 months ago - Columbia, SC

I was at work passed out and a co worker caught me. For whatever the reason, 911 was not called and they let me drive but the supervisor was following behind me when I passed out again behind the wheel of my car. Currently, I suffer from short term memory loss and epilepsy due to this accident.

Attorney answers (6)

  1. Samuel Christopher Bauer

    Contributor Level 5

    2

    Lawyers agree

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    Answered . I'm sorry for your injury. The type of symptoms you are describing sound like the typical post concussive symptoms. You need to contact a lawyer that handles workman's comp and personal injury law in South Carolina. Given the relatively short stature of limitations associated with filing a notice of claim against your employer, its best to get in touch with a lawyer immediately.

  2. James Ross Snell

    Pro

    Contributor Level 12

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    Lawyers agree

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    Answered . Usually car accidents that are work related are not legally brought as a lawsuit, but rather as a Workers' Compensation claim. This is because under South Carolina law Workers' Compensation is deemed to be the exclusive (meaning only) remedy available to an employee injured while at work. There is a complication that might apply in your case. Because you said you "passed out" I can't determine if your circumstance would be considered to have arisen from your job, or would be the type that just naturally occurred inside of your body. Basically if it is an internal body breakdown that is unrelated to work, it isn't covered under Workers' Compensation. In that case your only option would be to file a lawsuit if you were able to prove that your employer was somehow negligent, that is that your accident was their fault.

  3. Jeffrey Mark Adams

    Contributor Level 20

    3

    Lawyers agree

    Answered . You need to contact a local and qualified workers compensation attorney. I broadened your practice areas.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and... more
  4. Timothy George Kerrigan

    Contributor Level 15

    3

    Lawyers agree

    Answered . You need to contact a personal injury lawyer in South Carolina now. DO not delay.

    No information provided in response to these questions can be relied upon in any way without further personally... more
  5. Richard Todd Rosenstein

    Contributor Level 19

    2

    Lawyers agree

    Answered . You should contact a local worker's compensation lawyer for advice and consultation.

  6. Christian K. Lassen II

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . No, but you can have a local workers compensation lawyer assist you in applying for wc benefits...

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