Being involved in a Charleston car accident during work duties can be life-altering. In South Carolina, employees injured in these situations often file for workers’ compensation. But when another party is at fault, injured employees may have the right to file a third-party injury claim, potentially unlocking significantly more benefits.
This blog explains how third-party liability claims work, why they are crucial alongside workers’ compensation benefits, and how South Carolina law impacts your options , especially when dealing with catastrophic injuries, medical expenses, and navigating the workers’ compensation system.
Work-Related Car Accidents: Dual Legal Paths
Imagine you’re driving between job sites, transporting another employee, and another vehicle hits you. That’s a work-related car accident. You can receive Temporary Compensation through workers’ compensation insurance, but you’re also entitled to pursue a Third-Party Workplace Injury Claim if the driver of the other vehicle is at fault.
This dual-path situation is common in construction, delivery services, and public utility roles , industries where vehicle travel is routine. When you’re facing medical treatment, time off, or even Maximum Medical Improvement discussions, understanding your legal options matters.
What Is a Third-Party Claim and Why Does It Matter?
A third-party claim refers to holding someone outside your employer accountable for your injuries. For example:
- A defective product like defective machinery or Defective Equipment causes your workplace accident
- A drunk driver causes a crash , triggering dram shop liability
- A medical professional fails to deliver timely medical care
- A contractor fails to secure a construction site, leading to a Slip and fall injury
These situations involve another party whose negligence contributed to your Work Injury. A personal injury lawsuit can be filed against that party, potentially resulting in compensation beyond your basic Workers Compensation Claim.
What Compensation Is Available?
Workers’ compensation benefits are limited to:
- Partial wage replacement
- Medical visits and necessary medical providers
- Rehabilitation
- In some cases, death benefits
However, third-party claims may include:
- Full economic damages and non-economic damages
- Long-term medical costs
- Emotional trauma and pain and suffering
- Product liability or premises liability recovery
The combination of workers’ comp law and personal injury law creates a legal landscape where injured workers must navigate two systems simultaneously.
Common Workplace Incidents That Lead to Third-Party Claims
Here are examples of real-world scenarios where third-party involvement occurs:
- A road crew worker hit by a drunk driver , a motor vehicle accident involving dram shop liability
- A delivery driver injured due to defective products
- A utility worker hurt during a scaffolding accident caused by a vendor
- A technician facing Repetitive Strain Injuries due to a manufacturer’s poor equipment design
In each case, injury lawyers can pursue a third-party injury claim while the worker continues to receive workers’ comp claim support.
How Does the State Accident Fund Play a Role?
In South Carolina, many public sector employees are covered by the State Accident Fund. This entity handles claims for government workers, such as firefighters or school staff. While they process First Report of Injury claims and pay compensation benefits, a Personal Injury Lawyer may still file suit against a negligent third party.
The Charleston Workers’ Compensation Information Center and the South Carolina Workers’ Compensation Commission are resources for tracking filings, resolving disputes, and accessing claim forms. These agencies, along with your legal team, help navigate overlapping claims.
The Role of Maximum Medical Improvement (MMI)
When a physician determines that no significant improvement is expected, you’ve reached Maximum Medical Improvement. At this point, decisions around permanent disability, return to work, and settlement value come into focus.
MMI is a critical marker for both workers’ compensation and third-party settlements. Insurance companies often use this phase to push for closure, but your recovery could involve ongoing medical examination, surgery, or therapy , all of which add to the case’s value.
Statute of Limitations and Filing Deadlines
South Carolina has strict time limits:
- Workers’ comp claims: usually within two years from the workplace accident
- Third-party claims: generally three years from the incident
Failing to meet these deadlines can result in denial of both workers’ compensation and personal injury protection claims.
Coordination of Benefits: Subrogation
When an injured employee wins a third-party case, the workers’ compensation insurance provider may request reimbursement , a process called subrogation. However, workers are still entitled to their portion of recovery, especially if legal fees or serious injuries are involved.
Subrogation laws are complex and may involve negotiations with the Workers’ Compensation Commission to ensure fairness in the recovery process.
High-Risk Jobs and Legal Exposure
South Carolina sees many construction accidents, truck accidents, and Auto Accidents tied to hazardous work zones. In these industries, accidents often involve:
- Spinal cord injuries
- Traumatic brain injuries
- Long-term therapy or prosthetics
- Assistance from specialized medical malpractice cases when care fails
These injuries can change lives. Legal exposure for companies and manufacturers can run into millions, especially when safety violations or liability insurance policy gaps are discovered.
Legal Challenges in Third-Party Cases
Pursuing both claims creates challenges like:
- Gathering extensive medical records
- Proving liability limits of the third party
- Dealing with multiple medical providers
- Interfacing with South Carolina Workers’ Compensation Lawyers
The presence of catastrophic injuries increases complexity, and recovery often hinges on collaboration between your legal team and insurance adjusters.
How to Strengthen Your Claim
- File your Workers Compensation Claim promptly
- Preserve the scene of the accident, especially for construction site or defective machinery incidents
- Consult with Personal Injury Lawyer teams who understand dual-claim processes
- Document all interactions with the State Accident Fund, especially if you’re a public employee
- Track all medical visits, medical professional advice, and suggested treatments
Important Entities Involved
- South Carolina Workers’ Compensation Commission
- State Accident Fund
- Charleston Workers’ Compensation Information Center
- Employers with liability insurance policy
- Private healthcare and medical providers
