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What happens when a third party causes your workplace injury?

A workplace injury can be devastating. You may wonder when you can return to work, what your recovery period will look like and how you will make ends meet in the meantime. Filing a workers’ compensation claim is a great start to recovering the benefits you need. However, when a third party outside of your employer contributed to or caused your injuries, do you have other options?

South Carolina law requires employers to provide workers with access to workers’ compensation benefits in the event of a serious injury in the workplace. Receiving workers’ comp benefits makes you ineligible to sue your employer. You can, however, pursue a third-party injury claim after another party contributed to your injuries.

Examples of workplace injuries caused by third parties

A third party does not refer to a fellow colleague or anyone else employed by your employer. Rather, it includes a party not under the umbrella of your employer and their workers’ compensation insurance. Examples of this can include accidents caused by:

  • Another driver while you are driving your company vehicle on the job
  • A general contractor or property owner on a construction site
  • A property or building owner who failed to correct or fix hazardous conditions
  • The manufacturer of defective products or equipment used in the workplace

Whether due to a fall, heavy equipment, defective product or more, these accidents can lead to time off from work, considerable medical expenses, pain and suffering and more.

Steps to take after suffering an injury

Your first step after suffering an injury should be to notify your supervisor as soon as possible. After you do this, file a workers’ compensation claim to gain access to the compensation you need to recover as quickly as you can.

Workers’ comp can cover your medical care and provide a percentage of your usual wages while you are unable to work, typically at a rate of about two-thirds of your average weekly paycheck. While these benefits can be helpful during a stressful period, you will not be compensated for non-economic damages, including pain and suffering.

Pursuing a third-party injury claim, in addition to filing for workers’ comp, can help recover the full benefits you are due after a third party caused your injuries. A third-party claim can recover what you deserve after a traumatic accident, pursuing financial relief for property damage, lost wages, pain and suffering and more.

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Doughty Law Firm, LLC
6650 Rivers Ave
North Charleston, SC 29406

Phone: 843-501-9342
Fax: 843-576-5401
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