Hurt on the Job in South Carolina? Workers' Comp and Third-Party Injury Claims
South Carolina workers hurt on the job often have two claims: workers' compensation and a separate third-party injury suit. Here is the difference.
When a Charleston dock worker, hotel housekeeper, or Mount Pleasant construction laborer is hurt on the job, the first system that kicks in is South Carolina workers' compensation. But workers' comp is not always the only option. When someone other than the employer caused the injury, the worker may also have a third-party claim — and that is where the real recovery often comes from.
The Workers' Comp Bargain
South Carolina's Workers' Compensation Act provides medical care, a percentage of lost wages (temporary total disability), and permanent impairment benefits without the worker having to prove fault. In exchange, the worker gives up the right to sue the employer for negligence. That trade-off is called the exclusive remedy rule, and with very narrow exceptions it bars personal injury suits against the employer itself.
Third-Party Claims: A Separate Path to Full Damages
Workers' comp does not bar suits against third parties — anyone other than the employer or co-workers acting in the course and scope of employment. Common third-party defendants in Charleston cases include the driver who rear-ends a delivery truck, the general contractor who failed to coordinate site safety, the equipment manufacturer whose machine had a defect, the property owner who allowed an unsafe condition on a job site, and the subcontractor whose work created a hazard.
Why Third-Party Claims Matter
Workers' comp covers only a portion of lost wages and does not pay for pain and suffering. A third-party claim recovers full economic and non-economic damages: medical bills, full lost wages, future earning capacity, and pain and suffering. For a worker with a serious injury, the third-party claim often dwarfs the comp recovery.
The Subrogation Lien
When both claims are pursued, the workers' comp carrier has a statutory lien on the third-party recovery for the benefits it paid. South Carolina law allows that lien to be reduced based on the carrier's pro rata share of attorney's fees and costs. Negotiating that lien properly can dramatically increase the worker's net recovery.
Don't Wait
Third-party claims have their own statutes of limitations — generally three years from the date of injury — independent of the comp case. A construction worker focused on getting medical care through workers' comp can easily let the third-party clock run.
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 workplace 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.
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