When workers are injured on the job in South Carolina, they may have grounds for both a workers' compensation claim and a lawsuit against a third party. A third-party liability claim becomes possible when someone other than the employer or a coworker causes a work-related injury. 
Differences Between Third-Party Liability Claims and Workers' Compensation Claims
A South Carolina workers' compensation lawyer can clarify distinctions between third-party and workers' comp claims. While both third-party lawsuits and workers' compensation claims can provide a source of recovery after a work injury, there are a few key differences between them:
- Proving fault. Workers' comp is a no-fault system, which means a worker doesn’t have to prove that their employer did anything wrong to collect benefits. With a third-party claim, a worker needs to prove that the other party's negligence led to their injury.
- Types of compensation available. Workers' comp provides limited benefits, including coverage for medical expenses and a portion of lost wages. A third-party lawsuit allows workers to seek a broader range of damages, including compensation for their pain and suffering.
- Involvement of your employer. In a third-party claim, an employer is not directly involved in your lawsuit. However, if an employer's workers' comp insurance carrier has paid benefits on a worker’s behalf, they may be entitled to reimbursement from the worker’s financial recovery against the third party.
What Damages Can I Recover in a Workplace Injury Lawsuit?
Every case is unique. While past results don’t guarantee future outcomes, injured workers may seek the following damages in third-party claims.
- Medical expenses. Medical costs can include all reasonable and necessary treatment related to the work injury. This may include past and future hospital bills, surgeries, rehabilitation, medications, medical devices, and transportation costs for medical appointments.
- Lost wages. Lost income compensation covers current and future wage losses due to the injury. This encompasses current lost wages during recovery and any long-term impact on earning potential if the injury prevents returning to the same type of work.
- Pain and suffering. Pain and suffering damages represent compensation for an injury's physical and emotional impact. These non-economic damages acknowledge the physical discomfort, mental anguish, and emotional trauma that often accompany serious workplace injuries.
- Scarring and disfigurement. Permanent physical changes from an injury can result in compensation. These damages recognize the long-term impact of visible injuries like burns, scars, or amputations that can affect appearance and function.
- Loss of enjoyment of life. The inability to participate in regular activities may warrant specific compensation. This type of compensation addresses how the injury affects daily life, including the inability to engage in hobbies, sports, or family activities that were previously part of the injured person's lifestyle.
Legal Support for Third-Party Liability Claims
Injured workers have the right to work with a South Carolina workers’ compensation lawyer who also handles third-party personal injury claims. At the Derrick Law Firm, we assess our client’s cases, explain their legal options, and help pursue compensation within the allotted time frame. Once a client hires us, we will investigate their case, explore all possible sources of compensation, communicate and negotiate with insurance companies, help them avoid mistakes, and handle all court matters. While each case is unique and past results don't guarantee future outcomes, our team works to protect clients' interests throughout the legal process.
