Third Party Construction Accident Claims in South Carolina

A construction site can be a dangerous place to work. OSHA reports that fatal workplace accidents involving construction workers accounted for 16 percent of all fatal workplace injuries in the U.S. in 2013. The leading causes of death for construction workers is the co-called, “fatal four,” which include:

• Falls
• Being struck by an object
• Electrocution
• Getting caught in between two objects, walls, machines, etc.

These injuries were responsible for 57.7 percent of construction worker deaths in 2013.

When a construction worker is injured on the job, their employer provides the standard Workers’ Compensation benefits. This payment is a percentage of the worker’s weekly wages and medical expenses related to the workplace accident. Workers’ comp is a no-fault system that employers are required to provide by law.

If a construction worker accident was caused by the negligence of another party aside from his or her employer, or because of defective tools or materials or negligence, the injured worker could also take legal action against the third party.

Third party claims for construction and other workplace accidents

The third party claim is separate from the Workers’ Compensation claim. If the worker is able to successfully win a settlement in the third party claim, the worker would be required to reimburse his or her employer’s insurance company for all of the benefits already paid towards the worker’s injuries, but the worker would be entitled to keep whatever remains.

The more common third party claims in South Carolina include:

• Drivers of other vehicles involved in a work-related accident
• Defective equipment or materials manufacturer
• Outside vendors
• Sub-contractors
• Local utilities

If you have been involved in a construction site accident it is vital that you file an incident report with your employer immediately so that they are aware that the accident took place and that there have been injuries. There is a 90-day limit within which a report of an injury or illness must be filed. Waiting beyond that 90 day period could put workers’ compensation benefits in jeopardy.

Third party claims can be complex and the timing of the filing is important. Working with an experienced injury attorney will help make sure that the worker’s rights are preserved and they obtain the highest amount of compensation possible. Contact the experienced construction accident lawyers at McGowan, Hood, Felder & Phillips, LLC today to schedule a consultation.