Safety should always come first when it comes to construction. If you are in the industry, you know that rule is not always followed, however. Over the years, I have seen numerous construction workers get injured because either their company, a co-worker, or some third party put them in unnecessary danger. When this happens and an accident occurs, South Carolina law steps in to provide at least some degree of justice. Injuries - or even death - on the job may only give rise to a workers' compensation case. On the other hand, if someone other than the injured worker, a co-worker, or the employer is responsible for the accident, then a civil claim may be pursued as well.
Workers' Compensation Case After a Construction Accident
Under South Carolina law—with few exceptions—workers’ compensation benefits are available when an employee is injured on the job. Unfortunately, these benefits are limited to medical treatment, two-thirds of lost wages, and a settlement largely based on impairment ratings and maximum medical improvement (MMI) as determined by a treating physician. Workers’ compensation does not account for physical pain, loss of quality of life, the impact on a spouse, or other forms of personal suffering.
Moreover, the doctors who treat workers after a construction site accident are paid by the insurance company and may have a financial incentive to issue lower impairment ratings, which reduces the value of a settlement. A workers’ compensation lawyer can help level the playing field by meeting directly with treating physicians, advocating for timely and appropriate medical care, and ensuring the weekly benefit checks you’re entitled to are paid on time and in the correct amount. Construction site injuries often require long-term care, and an experienced lawyer can also fight to secure those benefits as part of a fair settlement agreement.
The Potential Civil Case After a Construction Site Injury
This is what South Carolina law refers to as a “third-party action.” If the injured person and their employer are parties one and two, the third party is another company or its employee. In many construction accident cases, a third-party civil claim offers a far greater opportunity for compensation and pain and suffering in a South Carolina injury case than a workers’ compensation claim alone. Unlike workers’ compensation, a civil insurance claim may allow recovery for all past, present, and future damages, including physical pain, changes to quality of life, emotional suffering, scarring, and reduced earning capacity.
Some of the people on or near a construction zone whose negligence may give rise to a civil action include:
- Forklift, crane, and other equipment operators;
- Electrical subcontractors;
- Demolition crews; and
- Asbestos removal teams.
The bottom line is that if someone other than a co-worker or supervisor hurts you on a construction site - or anywhere for that matter - you might have a civil claim. These claims are generally paid by the insurance company that provides coverage to the negligent person's company. Remember that insurance coverage will extend to the other company's employees so long as they did not intentionally cause you harm.
A South Carolina Injury Attorney Can Help with Your Case
In all honesty, I could write a book about construction accidents the same way I have more general legal matters, but the easiest thing to do is provide a free consultation. The laws surrounding this topic are state specific, so I believe it is important to contact a South Carolina attorney with experience handling both workers' compensation and civil cases. Accidents are bad enough. I do not want to see insult added to injury by having your legal case mishandled.
Our ethics rules prohibit me from guaranteeing results, but I can guarantee that we work hard for our clients, treat them like family, and have a clear understanding of the legal pitfalls and complexities that come with construction site cases. To get in touch with us today just call (803) 790-2800, email, or use the live chat feature here on the page. I look forward to answering your questions and providing clarity where any uncertainty exists.
