Construction Injury Claims in South Carolina: Workers' Comp Plus Third-Party Recovery
Charleston's construction boom means more injuries on job sites. Here is how injured workers combine workers' comp with third-party claims.
Cranes on the peninsula, condo developments in Mount Pleasant, road expansions across Berkeley County — the Lowcountry construction boom has not slowed. Neither have the injuries. South Carolina construction workers hurt on the job often have access to two parallel systems of recovery: workers' compensation through their employer and a third-party negligence claim against everyone else.
Workers' Comp as the Floor
Every employer with four or more employees in South Carolina must carry workers' compensation insurance. For a hurt construction worker, that means medical care, temporary disability benefits, and a permanent impairment award. It also means the worker generally cannot sue their direct employer for negligence — the exclusive remedy bar.
Third-Party Defendants on a Construction Site
Construction sites are crowded with separate companies. The general contractor, multiple subcontractors, the property owner, equipment manufacturers, scaffolding suppliers, and crane operators are all potentially liable third parties. South Carolina law allows the injured worker to sue any of them for negligence even while collecting workers' comp from the direct employer.
OSHA Violations as Evidence
OSHA citations and violations of industry safety standards are powerful evidence of negligence. Falls from height, scaffold collapses, trench cave-ins, electrocutions, and struck-by incidents are the "Fatal Four" of construction. Each implicates specific safety rules whose violation can be presented to a jury.
The Statutory Employer Trap
South Carolina has a statutory employer doctrine: a general contractor can sometimes be treated as the worker's employer for workers' comp purposes, which then bars negligence claims against that GC. The analysis is fact-specific and turns on the relationship between the work being performed and the GC's regular trade or business. Getting this analysis wrong sinks otherwise strong cases.
Subrogation and Net Recovery
If a third-party claim succeeds, the workers' comp carrier has a lien for the benefits it paid. Properly negotiating that lien, including the carrier's pro rata share of fees and costs, can substantially increase the worker's take-home recovery.
How Traywick Law Helps
Our office regularly represents clients across Charleston, Mount Pleasant, and the Lowcountry on issues like these. Learn more about our Charleston construction injury practice, or visit the main Traywick Legal Blog for additional case analysis.
Talk to a Charleston Attorney
If you have questions about how this issue affects your situation in Charleston, Mount Pleasant, or anywhere in the Lowcountry, contact Traywick Law Offices for a free consultation. Call (843) 343-5092.
Disclaimer: This article is provided for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. Every case is different — please consult an attorney about your specific situation.
Questions About Your Legal Rights?
David Traywick offers free consultations for personal injury and consumer law matters in Charleston, SC.