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Filing a Third Party Claim in South Carolina

Filing a Third Party Claim in South Carolina

If you are injured in a work-related accident, you should be able to file a workers’ compensation claim regardless of fault because workers’ compensation is a no-fault system. Meaning, an injured or ill employee can file a claim for benefits regardless if they are at fault for the injury or if their employer is at fault.

In some workers’ compensation cases, the injured or ill worker is able to file what’s called a third party claim in addition to the workers’ compensation claim. This situation arises when a third party is legally liable for the worker’s injuries. In other words, when a third party is liable, it’s an opportunity for the injured worker to collect additional compensation.

Why File a Third Party Claim?

While workers’ compensation is extremely valuable, it’s also limited and may not cover all of an injured worker’s losses. Not only that, but workers’ compensation does not compensate workers for pain and suffering or punitive damages, whereas third party claims can. For the financial benefits alone, it’s worth it for injured workers to file third party claims whenever the situation permits.

“When would someone file a third party claim?” There are a number of situations; for example, suppose a salesman was injured in a car wreck on his way to meet a client. Or, suppose a landscaper was injured on the job site when a roofer dropped a heavy piece of machinery on his head (from the roof).

Or, imagine that an employee was at an annual conference for his work and while walking down the hallway at the conference, he slips on a wet floor and breaks his hip. These are all exampleswhere an injured worker would have a workers’ compensation claim and a third party claim against a liable party, but there are many more.

If you were injured on the job, you may be entitled to additional compensation through filing a third party claim. To learn more, contact our Columbia personal injury firm!


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