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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.

