In South Carolina, workers’ compensation is an “exclusive remedy” system for workplace injuries. This means that filing a workers’ comp claim is usually the only way to take legal action after a work-related injury.
There are some very limited exceptions, but generally, you cannot file a personal injury or “tort” lawsuit against your employer. However, South Carolina’s workers’ compensation rules do not stop you from suing third parties (people or companies other than your employer or co-worker) if their negligence played a role in your workplace injury.
It can be confusing to know the difference between workers’ compensation and third-party claims after an injury on the job. Workers’ compensation provides benefits to injured workers regardless of fault, but it has limitations. In some cases, filing a third-party claim alongside a workers’ compensation claim can help you get the additional compensation you need to move on after a life-altering work injury. It can also prevent others from finding themselves in your shoes. Holding negligent third parties responsible for their actions helps to draw attention to dangerous behavior and prevent future workers from sustaining similar injuries.
To find out more about third-party workplace accident claims, call Joye Law Firm at (888) 324-3100 or fill out our online case evaluation form. Our SC workplace injury lawyers at Joye Law Firm can help you investigate every potential avenue of recovery for your on-the-job injuries.
Limitations of Workers’ Compensation
Workers’ compensation is meant to protect workers by allowing them to claim benefits even if their employer wasn’t at fault. Unlike personal injury cases, where you must prove negligence, workers’ comp covers most work-related injuries automatically. If you’re hurt on the job, your employer’s workers’ compensation insurance pays for medical costs and a portion of your lost wages.
However, it doesn’t provide for non-economic damages like pain and suffering, scarring, and disfigurement, like a personal injury case would.
Because workers cannot sue their employer for a work injury, except in very rare instances, some injured workers’ benefits may not fully cover what you’ve lost. For example. workers’ comp doesn’t allow wrongful death claims. The family members will instead receive payment of funeral costs, but not compensation for loss of companionship or grief and sorrow they could pursue in a personal injury case.
Due to these limits, many injured workers and their families consider pursuing third-party workplace injury claims. A third-party claim can help fill that gap.
What is a Third-Party Workplace Injury Claim?
A third-party workplace injury claim is a standard personal injury lawsuit against someone other than your employer who is responsible for a workplace accident or injury. Pursuing a third-party claim could allow injured victims and their family members to get compensation not available to them under workers’ compensation laws.
The specific third parties who might be liable in your case will vary, depending upon the circumstances surrounding the injury. Some examples include:
- Non-employer supervisors or project managers — On a construction site, for example, there might be an engineer, developer, or architect who is supervising a project or worksite. If the non-employer is in some way negligent or careless and causes you to be injured, then you may be able to sue them.
- Manufacturers of defective equipment – If dangerous equipment, like large construction vehicles, tools, or office equipment, malfunctions and injures you, the manufacturer, distributor, and seller of the defective product could all be held responsible.
- Drivers – If you are in a work-related car accident, the at-fault driver may be sued in a standard personal injury claim based on the car accident.
- Outside vendors and contractors – If you were injured at work due to the negligence of an outside company that was operating at your job site, you could be able to bring a third-party claim against the company.
- Public utility providers – If a problem with the electricity, gas, or another utility in the area led to your injury, the public utility provider may be liable. However, if the provider is affiliated with the government, this can become tricky due to governmental immunity rules.
- Animal attacks – If you were attacked by a dog or other animal while working, you may be entitled to file a third-party claim against the animal’s owner.
- Inadequate security issues – Injuries caused by security in the workplace may be grounds for a third-party claim against the party who owns or controls the premises.
- Unsafe premises – If an unreasonable hazard on the work site caused you to be injured, you might be entitled to file a third-party claim against the property owner or site manager.
- Exposure to toxic chemicals– If you suffer health problems due to exposure to toxic chemicals in the workplace, you may have grounds for a third-party claim against the manufacturer and supplier of the toxic chemical, the contractor or subcontractor, or the property owner.
These are just a few examples of third parties who might be held responsible for work injuries. If you suspect anyone other than your employer and its employees might have played a role in your workplace injury, speak with a dedicated workers’ compensation attorney to explore your options.
