In South Carolina, workers who get hurt while working may qualify for benefits under their employer’s workers’ compensation insurance program. However, if a third party — like an individual or business — is responsible for the accident, the person may also be able to file a personal injury lawsuit. In some situations, the person may be able to get both types of compensation; however, this is not always the case, and their payouts may be reduced based on what they are already receiving.
Williams & Roche, LLC, is a full-service workers’ rights law firm providing personalized legal support to people who are injured while doing their jobs. We understand how challenging it can be when an employment-related accident uproots your life. Our experienced Columbia workers’ compensation lawyers are here to guide you and fight for you to help you recover the full scope of benefits you are entitled to.
What Is a Third-Party Workplace Injury Claim?
Workers’ compensation benefits are payments someone receives from their employer’s insurance provider if they are hurt at their job. If they are a covered employee, the recipient does not have to prove that their employer or anyone else was at fault for the injury. Instead, they would just need to prove they were hurt while acting within the scope of their employment and that they have a covered injury.
In contrast, third-party liability claims are fault-based legal avenues. The employee would have to prove that someone other than their employer was at fault for their losses and that they are entitled to a settlement based on a specific law, like negligence, breach of contract, or product liability.
Common Examples of Third-Party Work Injuries in South Carolina
You may qualify to file a work-related personal injury lawsuit against a third party in South Carolina in many different situations. For example, you may be able to sue if you were hurt by a subcontractor or in a car crash while driving for work. You may also take legal action if defective machinery caused your injuries. Additionally, you may qualify for legal compensation if you slip and fall at a client’s job site or property.
Can I Sue a Third Party While Getting Workers’ Compensation?
You may be able to receive workers’ compensation and file a third-party claim in South Carolina. However, it depends on your situation. The law may prevent you from receiving the same benefits from your employer and the third party. For example, you may not get the same wage loss payments from your employer and the lawsuit settlement.
One type of compensation you may get is pain and suffering, which is not provided by workers’ compensation. You must be transparent with your employer and the court about what benefits you are receiving or asking for to avoid complications and misunderstandings.
What Compensation Can I Recover in a Third-Party Injury Claim?
The types of compensation you can recover if you win your third-party claim depend on your circumstances. However, economic and non-economic are two common categories of payouts people receive.
Economic damages reimburse you for the financial cost of your injury, such as lost earnings, medical expenses, and property damages. Non-economic damages cover the non-quantifiable losses, like your pain, suffering, discomfort, and loss of quality of life after the incident. Workers’ compensation benefits may cover your medical and lost wages; however, they may not address the other expenses and consequences of the accident.
How a Columbia Workers’ Compensation and Injury Lawyer Can Help
Working with an attorney for your South Carolina third-party workplace injury claim can provide many benefits. The lawyer can investigate whether a third party — like a drunk driver, subcontractor, or business — is responsible for your losses.
They can coordinate your workers’ compensation and third-party liability claims to help maximize your total settlement. They can also work with the insurance companies to help make sure your rights are protected every step of the way. Contact the experienced attorneys at Williams & Roche today
FAQs About Third-Party Workplace Injuries in SC
What is the difference between a workers’ comp claim and a third-party claim?
A workers’ compensation claim is where an injured employee requests wage loss and medical benefits under their employer’s insurance contract. In contrast, a third-party liability claim is where someone sues a person or business that harmed them. In most situations, employees cannot sue their employer if they get hurt at work.
Can I get pain and suffering from a third-party claim?
Yes. You may qualify for pain and suffering damages if you file and win a third-party claim.
How do I know if someone else is legally at fault for my injury?
You can talk to a lawyer to understand if someone else is legally at fault for your injury.
Do I have to pay back workers’ comp if I win a third-party case?
If you win a third-party case, you may not have to pay back your workers’ comp settlement. However, it depends on your situation. South Carolina law may restrict how much and what you can receive from your employer versus another entity for the same accident.
How long do I have to file a third-party workplace injury claim in SC?
The time you have to file a third-party workplace injury claim depends on your situation and specific allegations. An attorney can tell you what deadlines apply to your case.
