Summerville is growing rapidly. New residential developments and commercial expansions along create many construction sites. Growth signals a thriving community, but also brings risks for the people who build our city. Construction work in South Carolina can involve significant safety risks. A single construction site accident can change a worker’s life in an instant.
When a construction site accident occurs, the physical and financial toll can quickly overwhelm families. Medical bills mount quickly. The inability to work creates immediate stress. In South Carolina, many injured workers understand they may have a right to workers’ compensation after a work-related injury. However, many do not realize that workers’ comp may not be their only source of recovery.
At Crantford Meehan, we help injured workers in Summerville explore legal options. This includes third-party claims that can provide the compensation they deserve.
Workers’ Compensation vs. Third-Party Claims: What’s the Difference?
Understanding the difference between these two types of claims is important for your financial recovery.
Workers’ Compensation
South Carolina’s workers’ compensation system is a “no-fault” system. This means you do not have to prove your employer did anything wrong to receive benefits. If you suffered an injury on the job, you are generally entitled to medical treatment. You can also receive a portion of your lost wages, which is generally calculated at 66 2/3% of your average weekly wage, subject to statewide maximums. In exchange for this support, the law generally bars you from suing your employer or a co-worker.
Third-Party Claims
A third-party claim is a personal injury lawsuit filed against an entity other than your employer. On a construction site, multiple companies often work side by side. If a person or company that is not your employer or a co-worker caused your injury, you may be able to pursue a third-party claim.
The Key Advantage
Workers’ compensation does not cover “non-economic” damages. You cannot recover for your physical pain or emotional suffering through workers’ comp. A third-party claim allows you to seek these damages. You can also seek additional categories of damages, including lost income and loss of future earning capacity, that are not fully covered by workers’ compensation.
Common Scenarios for Third-Party Liability on Construction Sites
Identifying a third party requires a thorough investigation of the accident scene. Our legal team examines the relationships among the entities on-site. Common scenarios include:
Negligent Subcontractors or Other Companies
Construction sites often bring together subcontractors, delivery drivers, and inspectors. An employee from a different company might drop a tool on you. A delivery truck driver might strike you while working on the site. In these cases, that individual’s employer may be held liable as a third party.
Defective Equipment and Product Liability
Construction workers rely on heavy machinery and power tools every day. A crane might fail, or a nail gun might malfunction. Scaffolding might collapse due to a design defect. The manufacturer of that equipment can be held responsible through a product liability claim.
Dangerous Property Conditions
In some cases, the property owner may be liable. This applies if the owner is not your employer. They might fail to warn of a hidden hazard on the land. This could include an unmarked utility or a structural weakness. They may be responsible for resulting injuries.
Why Filing a Third-Party Claim Matters for Your Recovery
Relying only on workers’ compensation can leave a gap between your benefits and your total accident-related losses. Workers’ comp typically only pays two-thirds of your average weekly wage. It provides nothing for the trauma caused by a serious injury.
Filing a third-party claim matters because it:
- Bridges the financial gap: It can allow you to pursue wage losses that are not fully covered by workers’ compensation benefits.
- Provides for pain and suffering: It allows you to seek compensation for the physical pain and emotional distress caused by your injuries.
- Promotes accountability: It holds negligent third parties accountable for their safety failures. This can help prevent future accidents on Summerville job sites.
How Crantford Meehan Helps Injured Workers in Summerville
Investigating a construction accident requires an understanding of South Carolina laws. At Crantford Meehan, our legal team brings a trial-ready approach to every case. William C. Crantford is a graduate of the Trial Lawyers College. Both partners hold the Martindale-Hubbell AV Preeminent rating.
We understand the Summerville community because we are a part of it. From our Summerville office at 136 W Richardson Ave, we carefully investigate accident scenes. We interview witnesses and analyze contracts to identify parties who may be liable for negligence. Our track record includes millions recovered for clients. We focus on helping those who deserve more.
Frequently Asked Questions About Summerville Construction Accidents
Can I file a third-party claim and a workers’ comp claim at the same time?
Yes. These claims are concurrent, and you may receive workers’ compensation benefits while a third-party personal injury lawsuit proceeds, subject to lien and reimbursement rules.
What if I was partially at fault for the accident?
South Carolina follows a ‘modified comparative negligence’ rule, which generally allows you to recover damages if your share of fault is not greater than 50%. However, the court will reduce your award by your percentage of fault.
How long do I have to file a claim in South Carolina?
For most personal injury lawsuits, the statute of limitations is generally three years from the date of the injury, while workers’ compensation claims have separate deadlines, including a general requirement to notify your employer of the injury within 90 days.
Who can be a “third party” in a construction accident?
Potential third parties include subcontractors and equipment manufacturers. Property owners, architects, and engineers can also be third parties.
Do I need a lawyer if I’m already getting workers’ comp?
Yes. Identifying potential third-party claims is a detailed process, and an attorney can help you evaluate all of your legal options and pursue the full compensation available under the law.
Contact a Summerville Construction Accident Lawyer Today
If you suffered an injury on a construction site in Summerville, do not settle for less. Our team at Crantford Meehan is ready to investigate your case. We fight for your recovery and work on a contingency fee basis, which means you do not owe attorneys’ fees unless we recover compensation for you.
Contact us today online or call us at (843) 832-1120 for a free consultation. You can also visit our Summerville office at 136 W Richardson Ave.
