Construction Accidents in Charleston: Worker Rights Beyond Workers' Compensation

The Incident

On a Wednesday morning in April 2026, a 31-year-old framing carpenter was working on the fourth floor of a new residential building under construction in the Neck Area of North Charleston when an unsecured scaffolding plank gave way beneath him. He fell approximately 14 feet to the concrete deck below, fracturing his pelvis, shattering his left heel, and suffering a traumatic brain injury. He was airlifted to MUSC. He survived, but his trauma surgeons told his family within the first week that he was unlikely to ever perform physical labor again. His employer filed a workers' compensation claim. Nobody told him that workers' comp might not be the only claim available to him.

What South Carolina Law Says

South Carolina workers' compensation, governed by Title 42 of the SC Code, provides medical benefits and a portion of lost wages to most employees injured on the job. However, workers' comp bars injured employees from suing their direct employer in most circumstances. What it does not bar is a lawsuit against a negligent third party — a party other than the employer whose conduct contributed to the injury.

In construction, third-party claims are common because construction sites typically involve multiple entities: a property owner, a general contractor, subcontractors in various trades, equipment rental companies, and product manufacturers. If any of these parties — other than the injured worker's direct employer — contributed to the hazardous condition that caused the injury, a third-party negligence or product liability claim may be available alongside the workers' comp claim.

South Carolina also recognizes "statutory employer" liability under § 42-1-400, which extends workers' comp coverage up the contractor chain in some circumstances — a doctrine that can both expand and limit options depending on the case, making early legal analysis important.

Your Rights and Options

Injured construction workers in South Carolina should pursue both tracks simultaneously: file the workers' comp claim with the employer's insurer and consult a personal injury attorney about third-party liability. The two claims are not mutually exclusive, and pursuing both is often the only way to fully compensate for severe injuries that exceed workers' comp's limits.

Third-party recovery can include damages workers' comp does not cover: full lost wages (not just two-thirds), pain and suffering, loss of enjoyment of life, and in egregious cases, punitive damages. For catastrophic injuries — amputations, spinal cord damage, traumatic brain injury — the difference between workers' comp alone and a successful third-party case can be hundreds of thousands of dollars.

What I Look For When Evaluating These Cases

The critical early question in a construction injury case is: who besides the employer had control over the condition that caused the injury? If a scaffolding system was defective, the manufacturer and the general contractor who directed its use both warrant investigation. If an excavation collapse injured a worker, the site safety plan, OSHA compliance records, and contractual chain of responsibility all matter. Early preservation of site conditions, equipment, safety logs, and contract documents is essential.

How Insurance Companies Fight Back

General contractors and their insurers argue they had no control over subcontractors' day-to-day work. Equipment manufacturers invoke misuse and modification defenses. Property owners argue they delegated all safety responsibility contractually. An experienced workplace injury attorney can sort through these defenses by analyzing the contracts, site safety plans, and actual conduct on the site — which often diverges significantly from what documents say.

Related Practice Areas at Traywick Law Offices

Construction accident cases often involve workplace injury law, product liability for defective equipment, and premises liability for property owners who failed to maintain safe conditions. In fatal cases, the same analysis applies in a wrongful death context.

My Final Thoughts

Workers' compensation provides a safety net, but it was never designed to fully compensate workers for catastrophic injuries. If you were seriously injured on a construction site in the Charleston area, the workers' comp claim is not the end of your options — it is just the beginning. Contact Traywick Law Offices for a free evaluation of whether third-party claims are available in your case.