Getting hurt at work is stressful enough without worrying about how to pay your bills. Workers’ compensation helps, but it doesn’t cover everything. Sometimes you can get more money by suing someone else who caused your accident. These are called third-party claims, and they can make a huge difference in your recovery.
Understanding when you can file a third-party claim alongside your workers’ comp case is important. You might be able to get pain and suffering money that workers’ comp doesn’t pay. You could also recover your full wages instead of just partial payments.
Why Workers’ Compensation Has Limits
South Carolina has an “exclusive remedy” system for workplace injuries. This means workers’ comp is usually your only option when your employer causes an accident. You can’t sue your boss for being careless or even grossly negligent in most cases.
This might seem unfair, but there’s a trade-off. Workers’ comp pays benefits even when the accident is completely your fault. You don’t have to prove anyone did anything wrong to get medical care and weekly checks.
Workers’ comp covers your medical bills and gives you partial wage replacement while you recover. But it doesn’t pay for pain and suffering, which is often the biggest part of personal injury cases. You also can’t get money for things like scarring, disfigurement, or the emotional stress of being hurt.
If someone dies in a workplace accident, their family only gets funeral costs through workers’ comp. They can’t get money for losing their loved one’s companionship or for their grief and sorrow like they could in a wrongful death lawsuit.
What Makes a Third-Party Claim Different
A third-party claim is a regular personal injury lawsuit against someone other than your employer who helped cause your accident. You can file this type of claim at the same time as your workers’ comp case.
Third-party claims let you recover damages that workers’ comp doesn’t cover. You can get pain and suffering money, full wage replacement, and compensation for permanent disabilities that affect your quality of life.
The key is finding someone besides your employer who was responsible for what happened. This takes careful investigation because you need to prove the third party was negligent or careless in some way.
Who Can Be Sued in Third-Party Claims
Many different people and companies can be responsible for workplace accidents. Here are the most common third parties who get sued in these cases:
Equipment manufacturers often get sued when defective machinery hurts workers. If a tool breaks and injures you, the company that made it, sold it, or distributed it might have to pay damages. Construction sites see a lot of these cases with heavy machinery and power tools.
Drivers cause many workplace injuries, especially for people who work on the road or travel for their jobs. If another driver hits you while you’re working, you can sue them for a regular car accident claim on top of getting workers’ comp benefits.
Outside contractors and vendors working at your job site can be liable if their carelessness hurts you. Maybe they left equipment in a dangerous spot or didn’t follow safety rules. These companies don’t work for your employer, so you can sue them.
Property owners and site managers can be responsible when unsafe conditions cause accidents. If you’re working somewhere with broken stairs, poor lighting, or other hazards, the people who control that property might have to pay for your injuries.
Non-employer supervisors sometimes have liability too. On construction projects, architects, engineers, or project managers from other companies might make decisions that put workers in danger.
Public utility companies can be sued when problems with electricity, gas, or water lines cause workplace accidents. However, if the utility is government-owned, special immunity rules might make these cases harder to win.
Chemical manufacturers and suppliers face lawsuits when workers get sick from toxic exposure. These cases often involve long-term health problems that develop over time from breathing dangerous substances.
Even animal owners can be third parties in workplace injury cases. Mail carriers, delivery drivers, and service workers sometimes get attacked by dogs while doing their jobs.
Timing and Legal Requirements
South Carolina law gives you one year to start a third-party lawsuit after your workers’ comp carrier accepts your claim or starts paying benefits. This deadline is strict, so you can’t wait too long to investigate your options.
You also have to give notice within 30 days of starting your third-party lawsuit. This notice goes to the Industrial Commission, your employer, and the workers’ comp insurance company.
If you don’t file your third-party case in time, your right to sue can transfer to the workers’ comp insurance company. They get 90 days to decide whether to pursue the case themselves.
How Workers’ Comp Liens Work
When you win money in a third-party case, the workers’ comp insurance company has a lien on your settlement or judgment. This means they get paid back for the benefits they gave you.
The standard lien reduction is usually one-third of what the insurance company paid out. Your lawyer can often negotiate an even better reduction, especially if your third-party recovery is small compared to your total damages.
For example, if the workers’ comp company paid $30,000 in benefits but your third-party case only recovers $50,000, they might accept $20,000 instead of the full $30,000 they’re owed.
The lien gets reduced by reasonable expenses and attorney fees for winning the third-party case. This means you don’t have to pay the full lien amount back from your settlement.
Completing Your Workers’ Comp Case First
You should finish your workers’ comp case before settling your third-party claim. This way you’ll know exactly how much your injuries cost and what kind of permanent problems you’ll have.
Medical treatment needs to be complete so you can calculate the full value of your damages. You might need ongoing care or future surgery that should be included in your third-party settlement demand.
Permanent disability ratings also need to be determined. These ratings affect both your workers’ comp benefits and your third-party claim value.
Getting Maximum Recovery
The best third-party cases combine workers’ comp benefits with a substantial personal injury settlement. You might get weekly wage checks and medical care through workers’ comp while also recovering pain and suffering money from the third party.
Some cases result in very large recoveries. Construction accidents with defective equipment can result in settlements over $1 million when combined with workers’ comp benefits.
However, many third-party cases involve minimum insurance coverage that limits how much money is available. Auto accident cases often have low policy limits that don’t provide much recovery even when the other driver was clearly at fault.
Why You Need Professional Help
Third-party workers’ comp cases are complicated. You’re dealing with multiple insurance companies, strict deadlines, and complex legal requirements. Making a mistake could cost you thousands of dollars or even eliminate your right to sue.
Investigation is critical in these cases. You need someone who knows how to find all the parties who might be responsible and gather evidence to prove their liability. This often requires expert witnesses, accident reconstruction, and detailed analysis of safety standards.
Lien negotiations also require experience. Insurance companies don’t volunteer to reduce their liens. You need skilled negotiation to get the best possible reduction and protect more of your settlement money.
Don’t let insurance companies take advantage of you during the most difficult time in your life. You deserve full compensation for your workplace injury, and third-party claims might be the way to get it.
If you’ve been hurt at work in South Carolina and think someone other than your employer might be responsible, call Hart Law at (803) 771-7701. We’ll review your case for free and help you understand all your options for recovery. Time limits are strict in these cases, so don’t wait to get the legal help you need.