Can I File a Third-Party Claim for a Construction Accident While Receiving Workers’ Compensation?
Yes, it’s possible to file a third-party injury claim while also receiving workers’ compensation benefits in South Carolina. This could be relevant if you got hurt on a construction site due to the bad behavior of a third party (someone other than your employer or a co-worker).
If you receive a settlement or trial award from a third-party claim or lawsuit, the workers’ comp insurer could be entitled to reimbursement for the benefits it’s paid you. If you believe you have both a workers’ comp claim and a third-party claim, consult a Charleston construction accident law firm as soon as possible to protect your interests.
Can I Sue My Employer for a Construction Accident Injury?
No. In most cases, you cannot sue your employer for a construction accident injury in South Carolina, assuming they carry workers’ compensation insurance. In return for workers’ comp coverage, employees largely give up the right to sue their employers for injuries they sustain on the job.
However, there are certain exceptions to this rule. If your employer intentionally caused your injury, you might have grounds for a lawsuit. Likewise, if your employer failed to carry legally required workers’ compensation insurance, you could be able to sue them.
Even if you can’t sue your employer, remember that you could have a third-party injury claim or lawsuit if you got hurt due to a third party’s wrongful acts or inaction. This is a separate legal action from a workers’ comp claim and could provide additional financial resources as you recover.
What Compensation Can I Pursue for Injuries from a Construction Accident?
The type(s) and amount of compensation you can pursue after a construction accident vary based on the kind of claim you file. If you file a successful workers’ comp claim, you could be entitled to the following:
- Medical benefits for hospital bills, medications, surgeries, etc.
- Temporary total disability benefits for lost wages while you’re unable to work
- Temporary partial disability benefits for reduced earnings from part-time or lower-paying jobs
- Permanent partial disability benefits for impairments that don’t prevent you from working
- Permanent total disability benefits for impairments that prevent you from working at all
- Death benefits for surviving dependents of workers who get killed on the job
With a third-party injury claim, you could recover various types of compensation beyond what’s available under workers’ compensation, which could include the following:
- Past and future medical expenses
- Past and projected income losses
- Pain and suffering
- Emotional distress
- Lost enjoyment of life
- Loss of consortium
How Long Do I Have to File a Construction Accident Lawsuit in South Carolina?
In South Carolina, you have three years from the date of an injury accident to file most personal injury lawsuits, including a construction accident injury lawsuit. For a workers’ compensation claim, you have two years from the date of the accident to file the claim. However, it’s important to report your injury to your employer as soon as possible, ideally within a few days of the incident. If you wait too long to notify your employer of a claim or file a lawsuit, you could lose your right to benefits.
Remember that these deadlines can vary depending on the specifics of your construction accident case. Certain circumstances could extend or shorten the filing windows for your situation, so it’s wise to consult a lawyer in Charleston as soon as possible after a construction accident. They can identify the deadlines that apply to your case, handle the necessary filing procedures on your behalf, and develop strategies to get you the money you deserve.
How a Charleston, SC, Construction Accident Attorney Can Help with Your Case
If you get hurt in a construction accident, having a knowledgeable Charleston attorney on your side can make a significant difference in your case. Here are some of the ways they can help:
- Investigating the circumstances surrounding your work injury
- Determining whether you have grounds for a third-party injury claim
- Gathering evidence and witness statements to support your claim
- Identifying liable parties and potential sources of compensation
- Hiring expert witnesses to provide testimony on your behalf
- Negotiating with insurance companies to secure a fair settlement
- Evaluating the long-term effects of your injuries to calculate your losses
- Filing all necessary paperwork within the statute of limitations
- Representing you in court if a lawsuit is necessary
- Managing any appeals processes as needed