Can I File a Third-Party Claim While Receiving Workers’ Compensation?
Yes, it’s possible to file a third-party claim while you are receiving workers’ compensation in South Carolina. If someone other than your employer or a co-worker is liable for your injury, you could file a third-party claim against them. However, these claims are often complex, and a third-party settlement could affect your workers’ compensation benefits, so it’s wise to consult an experienced work injury lawyer in Charleston, SC, before proceeding.
Can I Sue My Employer for a Work Injury?
It depends. South Carolina law says you generally cannot sue your employer for a work injury if they provide workers’ compensation insurance. There are some exceptions, such as when an employer intentionally causes harm to an employee or fails to provide coverage as required by law. But these cases are rare and demand a high burden of proof.
You should consult a lawyer if you believe you got hurt due to your employer’s intentional or grossly negligent behavior, or if your employer does not have workers’ compensation insurance.
What Are Common Third-Party Work Injury Cases?
Most work injuries involve workers’ compensation claims with an employer, but there are also instances where third parties are liable for workplace accidents. These third-party work injury cases can arise due to a variety of scenarios, such as:
- Faulty equipment or machinery accidents
- Negligent property maintenance incidents
- Injuries caused by contractors or subcontractors
- Product liability (defective product) incidents
- Toxic exposure to harmful substances or environments
- Construction site accidents involving multiple companies
- Injuries caused by non-employees (e.g., clients, customers)
- Traffic accidents involving third parties
- Slips, trips, and falls on other parties’ properties
- Accidents involving leased or rented equipment
- Incidents resulting from cleaning or maintenance company negligence
- Fires or explosions due to third-party negligence
- Injuries resulting from security company negligence
- Accidents due to poor road conditions
- Accidents due to faulty building designs or structures
Do I Need to Hire an Attorney After a Job Injury?
While every situation is unique, it’s generally advisable to consult with an attorney after a job injury in South Carolina. Workers’ compensation cases can quickly become complicated, especially if there’s any dispute about the injury, its connection to your work, or the extent of your medical needs and potential disability benefits.
Even in what seems like a straightforward case, you could benefit from the advice of an attorney who understands the intricacies of workers’ compensation law. If your employer disputes your claim or the insurance company denies benefits you believe you’re entitled to, having legal representation becomes even more crucial. In addition, a Charleston work injury attorney will know how to prove a third party was negligent.
Benefits of Hiring a Charleston, SC, Work Injury Attorney
Retaining the services of a seasoned attorney after a work injury offers numerous advantages, especially when you hire a local one who understands South Carolina’s laws and court systems.
A knowledgeable Charleston, South Carolina, work injury attorney could help you by:
- Investigating the circumstances surrounding the work injury
- Accurately calculating the value of your work injury claim
- Gathering evidence and witness statements to support your claim
- Identifying all potential sources of compensation for your losses
- Determining whether you have grounds for a third-party injury claim
- Handling all necessary paperwork and meeting deadlines for your claim
- Preparing a strong case to recover maximum compensation on your behalf
- Skillfully negotiating with insurance companies on your behalf
- Anticipating and countering potential defenses by employers or insurers
- Handling the appeals process if your workers’ compensation claim is denied
- Assessing potential settlement offers to ensure they meet your needs
- Taking your case to trial and representing you in court, if necessary