South Carolina Third-Party Workplace Injury Claims

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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.

Key Differences Between Workers’ Compensation and Third-Party Claims

There are key differences between a workers’ compensation claim and a third-party claim.

First, workers’ compensation is a no-fault system, while third-party claims require proof of negligence or fault on the part of the third party.
Second, workers’ compensation benefits are limited to medical treatment, wage replacement, and disability benefits, whereas a third-party claim can seek additional damages for pain and suffering, emotional distress, and other non-economic losses.
Finally, workers’ compensation benefits are typically paid regardless of the injured worker’s own negligence, while a third-party claim may be reduced if the injured worker is found partially at fault for the accident.

Filing a Third-Party Claim and Receiving Workers’ Comp Benefits

To file a third-party claim after a workplace accident, start by reporting the accident to your employer. It’s also important to get medical attention immediately. Next, document everything about the accident and gather any supporting evidence. This will help build a strong case for benefits and compensation. lawyer checking scheduled calls with an office telephone

It’s a good idea to work with an experienced workers’ compensation lawyer who understands workplace injury claims in South Carolina and can guide you through the complex process of pursuing a third-party claim alongside workers’ compensation benefits.

In South Carolina, you can usually pursue a civil claim against a third party responsible for your injury while also filing for workers’ compensation. However, it’s wise to consult with an attorney to ensure your claims do not do anything to jeopardize your benefits. For instance, settling the third-party claim before settling your workers’ compensation claim could void your entitlement to workers’ compensation benefits if you do not follow appropriate procedures.

Why Hire Joye Law Firm for Your Third-Party Lawsuit After a Work Injury

You don’t have to go through this alone. At Joye Law Firm, our attorneys are dedicated to making a meaningful impact on the lives of our clients. We handle the legal complexities so you can focus on healing. To maximize your third-party personal injury claim, you need the right legal team. Here’s why Joye Law Firm is the right choice for you:

Deep roots in South Carolina: Since 1968, we have served injured clients across the state. Our deep understanding of the legal landscape for both personal injury and workers’ compensation cases —allows us to provide tailored representation that drives results.
Proven track record: With over half a billion dollars recovered in verdicts and settlements, our results speak for themselves. While past success doesn’t guarantee future outcomes, our experience and dedication provide a strong foundation for success.
Skilled Advocacy: Many of our attorneys have held leadership roles with Injured Workers Advocates (IWA), South Carolina’s largest workers’ compensation legal organization. We have also had multiple attorneys hold leadership positions in other organizations such as the South Carolina Association for Justice (SCAJ) and the South Carolina Bar Association, among others. Our decades of experience in workers’ comp claims and personal injury lawsuits help us expertly navigate the state’s legal system and pursue the best outcomes for our clients.
Client-centered approach: We treat every client as a person, not just a case. Our team will listen to your story to best understand your needs and craft a personalized legal strategy that aligns with your goals.
Resources and network: We have the resources and connections to thoroughly investigate your claim. From expert witnesses to medical professionals, we bring in the right team to strengthen your case and fully address your losses. Many of our attorneys have experience working on the defense side, giving us valuable insight into what it takes to win your case.
Compassionate support: We know you’re going through a tough time. Our team offers not only legal guidance but also emotional support and practical assistance throughout the process. We can help connect you with the right organizations to get the help you need while you wait for the outcome of your case.
No Fee Guarantee: You don’t pay attorney fees unless we recover compensation for you. This allows you to focus on healing without worrying about legal costs.
Commitment to community: Through our Joye in the Community program, we actively participate in charitable initiatives and events on James Island. We’re dedicated to making our community a better place for everyone.