Quick Answer
If you were hurt while working on a construction site in South Carolina, you may have a workers' compensation claim and, in some cases, a separate personal injury claim against someone other than your employer. Workers' comp covers medical care and part of your lost wages, but it doesn't pay for pain and suffering. A third-party claim, against a negligent equipment manufacturer, driver, or another responsible company, can. Our firm helps injured construction workers and their families across South Carolina pursue every available source of recovery, from our offices in Columbia and Myrtle Beach.
Call our office for a free consultation at (803) 790-2800 (Columbia) or (843) 427-2800 (Myrtle Beach), or use the live chat below.
What Happens When You Call Us
- Free consultation. Tell us what happened. We'll listen, answer your questions, and give you an honest assessment. There's no cost and no obligation.
- We move quickly to protect evidence. Construction sites change fast. Equipment gets repaired, scaffolding comes down, and witnesses move on to other jobs. We work to preserve the evidence that shows what happened.
- We pursue every claim available to you. We handle your workers' comp claim and investigate whether anyone else is responsible, so you don't have to coordinate multiple insurance companies on your own. You'll always know where your case stands.
A Construction Injury Is Often More Than a Workers' Comp Claim
Most injured construction workers have a workers' compensation claim. In South Carolina, workers' comp is generally your only remedy against your own employer. But construction sites are crowded with other companies, equipment, and vehicles, and when someone other than your employer causes your injury, you may also have a third-party injury claim.
| Workers' Comp Claim | Third-Party Claim | |
|---|---|---|
| Who pays | Your employer's workers' comp insurer | The responsible party's liability insurer |
| Do you have to prove fault? | Generally no | Yes |
| Medical expenses | Authorized medical treatment is paid | Past and future medical expenses may be recoverable |
| Lost wages | Generally two-thirds of your average weekly wage, up to a yearly maximum | Past and future lost income or earning capacity, if proven |
| Pain and suffering | No | Yes |
| Loss of enjoyment of life | No | Yes |
The two claims work together. Your workers' comp insurer may have a right to be repaid from a third-party recovery, so both claims need to be handled together from the start. Learn more about filing both a workers' comp and personal injury claim.
Who May Be Responsible for a Construction Accident?
Construction projects involve layers of companies, and figuring out who can be held responsible is one of the first things we analyze. Depending on the facts, potentially responsible parties may include:
- Equipment and tool manufacturers, when a defective scaffold, ladder, saw, lift, or safety device causes an injury
- Equipment rental companies, when rented machinery wasn't properly maintained or inspected
- Drivers and trucking companies that cause crashes on or near a job site
- Utility companies, in some cases involving power lines or other utility hazards
- Other companies on the site that aren't part of your employer's chain of contracts
- Property owners, in some situations
South Carolina's "statutory employer" rules can protect certain general contractors, subcontractors, and project owners from personal injury lawsuits, depending on how the project's contracts are structured and the work being done. That's why these cases require a careful look at the contracts, the companies involved, and how the accident happened. Some cases that look like workers' comp only turn out to have a valuable third-party claim, and some don't. We'll tell you honestly which yours is.
What Does a Construction Accident Lawyer Cost?
You pay nothing up front. Our firm handles construction injury cases on a contingency fee, and you owe no attorney fees or case costs unless we recover money for you. In workers' comp cases, attorney fees must also be approved by the South Carolina Workers' Compensation Commission.
Why Injured Construction Workers Choose Our Firm
- We look for every source of recovery. We evaluate both the workers' comp claim and any third-party claims from day one, and we handle them together so one doesn't undercut the other.
- We learn the whole story. A serious construction injury can change your work, your family life, and your independence. We take the time to understand what you've lost so your claim reflects it.
- We keep you informed. You'll get regular updates, and you can always reach us by phone or email.
- We prepare every case for the next step. Thorough preparation puts you in a strong position, whether your claim settles, goes to a Workers' Compensation Commission hearing, or proceeds to trial.
Hurt on a job site, or lost a loved one in a construction accident? Call our office for a free consultation at (803) 790-2800 (Columbia) or (843) 427-2800 (Myrtle Beach).
Common Construction Accidents We Handle
The federal Occupational Safety and Health Administration (OSHA) identifies falls, struck-by incidents, electrocutions, and caught-in or caught-between incidents as its "Focus Four" construction hazards. We help workers injured in accidents involving:
- Falls from scaffolding, ladders, roofs, lifts, and unprotected edges
- Struck-by injuries from falling tools and materials, swinging loads, and moving vehicles
- Electrocutions and electrical injuries from power lines, exposed wiring, and faulty equipment, including electrical burns
- Caught-in or caught-between injuries from trench collapses, heavy machinery, and equipment without proper guards
- Crane, forklift, and heavy equipment accidents
- Burns and explosions from fires, chemicals, and hot materials. Here's more on burn injury claims.
- Work zone crashes involving workers and drivers on road construction projects. Learn about road construction accidents.
An OSHA citation can be helpful evidence, but it does not by itself decide a civil injury claim. A claim may also exist even when OSHA did not investigate or issue a citation.
Serious and Catastrophic Construction Injuries
Construction accidents often cause life-changing injuries, including traumatic brain injuries, spinal cord injuries, amputations, severe burns, and crush injuries. These are catastrophic injury cases that can affect your ability to work, care for your family, and live independently for the rest of your life.
When a construction accident is fatal, the family may receive workers' comp death benefits and may also have a wrongful death claim against a responsible third party.
What to Do After a Construction Accident
- Get medical care right away, and tell the doctor about every injury.
- Report the injury to your supervisor. In most cases, you must notify your employer within 90 days.
- Write down what happened while it's fresh, including the equipment involved and who was nearby.
- Take photos of the area, equipment, and your injuries, if you're able.
- Get names and phone numbers of coworkers and other witnesses, including workers from other companies.
- Don't sign anything from an insurance company before talking with a lawyer.
- Talk with a lawyer early. Job sites change quickly, and evidence like damaged equipment or safety records can disappear.
What If Your Employer Didn't Have Workers' Comp?
On construction projects, the general contractor or another company higher up the chain may be responsible for your workers' comp benefits if your direct employer, often a small subcontractor, didn't carry coverage. South Carolina also has a fund that can pay benefits in some cases when no insurance is available. And if you were labeled an independent contractor, you may still qualify as an employee for workers' comp purposes. Here's how to find out whether your employer has workers' comp insurance.
Construction Injury and Workers' Comp Guides
- South Carolina workers' compensation lawyer
- What is a third-party injury claim?
- Protecting your rights as an injured construction worker in Myrtle Beach
- Electrical burn hazards for construction workers
- South Carolina workers' compensation settlements
- Impairment ratings and the body part chart
- Crashes while driving your personal vehicle for work
Talk With a South Carolina Construction Accident Lawyer
If you were hurt on a job site, or you lost a loved one in a construction accident, our team will listen, explain your options in plain language, and help you understand whether you have more than a workers' comp claim.
Call our office for a free consultation at (803) 790-2800 (Columbia) or (843) 427-2800 (Myrtle Beach). You owe no attorney fees or case costs unless we recover money for you.
Frequently Asked Questions About Construction Accident Injury Claims in South Carolina
Generally, no. Workers' compensation is usually your only remedy against your own employer. But you may be able to bring a separate personal injury claim against another responsible party, like an equipment manufacturer or a negligent driver.
Sometimes. South Carolina's statutory employer rules can protect certain contractors and project owners from lawsuits, depending on how the project was structured. An attorney needs to review the contracts and facts to know for sure.
Not through workers' comp. But if a third party is responsible, a personal injury claim can include pain and suffering, loss of enjoyment of life, and past or future lost income, when supported by the evidence.
How you're labeled isn't always the final word. You may still qualify as an employee for workers' comp purposes, and a general contractor may be responsible for your benefits.
In most cases, you must report a workplace injury to your employer within 90 days and file a workers' comp claim within two years. Most personal injury claims in South Carolina must be filed within three years. Some situations have different deadlines, so talk with an attorney early.
We are so sorry for your loss. Your family may be entitled to workers' comp death benefits, and you may also have a wrongful death claim against a responsible third party.