Third-Party Claims

Third-Party Claims

Third-Party Claims Construction worker lies on ground after getting hurt.

Workplace accidents can cause catastrophic injuries and life-threatening conditions. Many workers recover from their on-the-job injuries and return to work. However, some employees sustain permanent impairments and disabilities. It is crucial that injured workers receive all the workers’ compensation benefits they deserve.

However, some workers could be entitled to additional compensation for their workplace injury. They could receive full compensation for all damages instead of the limited benefits available under South Carolina’s workers’ compensation system.

Talking with a Myrtle Beach workers’ comp attorney can ensure that you are pursuing all benefits and compensation available for your workplace injury.

Workers’ Compensation Benefits in South Carolina

South Carolina’s workers’ compensation system most injuries and illnesses that occur on the job. If an employee sustains an injury in a covered accident, the worker could recover South Carolina workers’ comp benefits such as:

  • Income benefits (2/3 of their average weekly wage why they are unable to work)
  • Paid medical treatment and care
  • Travel expenses to and from doctor vehicles

Workers’ comp is a no-fault system. An injured employee does not need to prove that the employer was negligent to recover benefits. In a negligence claim, the worker would need to prove the employer was negligent before receiving compensation for an injury or workplace illness.

One of the drawbacks of the workers’ comp system is that an injured worker is generally not allowed to sue an employer for a covered injury. That means the worker will not receive full compensation for all damages for a workplace injury.

However, there are exceptions.

Third Party Claims for Workplace Injuries and Accidents

Injured workers do not receive full compensation for their losses under workers’ compensation. For example, an injured employee who cannot work only receives 2/3 of their average weekly wage instead of reimbursement for all income losses.

Additionally, if the worker sustains a permanent injury, workers' comp statutes limit the compensation the worker receives. The worker may receive just a small portion of the compensation they would receive to if they could file a personal injury lawsuit for the same disabling condition.

Workers’ compensation does not cover any non-economic losses. Therefore, an injured employee does not receive any compensation for their physical pain or emotional suffering. They do not receive compensation for mental anguish or a reduction in their quality of life.

However, an injured worker may be able to recover additional compensation by filing a third party claim. If another party was negligent or committed intentional wrongdoing that caused the injury, the worker may recover money from a third party claim.

For example, if a defective power saw caused the worker’s injury, the worker could sue the saw’s manufacturer for damages under a product liability claim. Likewise, suppose a distracted driver causes a car accident that injures a worker while the worker is on the job. In that case, the worker could sue the driver for additional damages not covered by worker’s compensation.

In a few cases, the worker could sue an employer. If an employer is grossly negligent or intentionally causes a worker’s injury, the employer could be liable for damages beyond a claim for workers’ comp benefits.

Call Our Myrtle Beach Workers’ Compensation Lawyers for a Free Consultation

At Morris Law Firm, we work with injured employees and their families. We want to ensure they receive all compensation they are entitled to receive for a workplace injury.

Call our office now to schedule your free consultation with a workers’ compensation lawyer in Myrtle Beach.

CLIENT TESTIMONIALS

What Our Clients Say

Thank you so much for your advice! I highly recommend him! Mr. Morris was extremely helpful with helping me understand the situation.
What seemed very confusing to me he actually broke everything down so I could understand what everything meant. Thank you so much for your advice! I highly recommend him!

Crissy Blumer

I would highly recommend Morris Law firm. Everything about my experience was easy and stress-free. At a time where I was frazzled and in need, the Morris Law Firm was there for me with answers and direction.
The knowledgeable staff was friendly and helpful. Leigh Anna answered my calls and e-mails promptly and with clear answers. Jeff and his staff were able to help me with all my legal needs.
I appreciate the time and energy that they put towards my case. Anyone looking for legal advise would be well advised to hire The Morris Law firm.

Kylie Reid

I contacted Morris Law after I was injured from a fall at Dollar General. Mr. Morris took my case and immediately began to give the help and guidance I needed. He was able to get me treatments and physical therapy that I would not have been able to get on my own. I was also able to stop working and concentrate on getting my injuries taken care of. We have settled after a long battle and I am pleased with the outcome. I want to thank Mr. Morris and his very capable staff for the great treatment . I recommend Morris Law for your needs.

Vivian Hancheck

Wonderful people. I don’t even know where to begin. From the moment I called to schedule an appointment to our last meeting, Morris Law has been nothing but professional and helpful as I needed help navigating legal matters.

Delora Pitts

Jeff Morris was great to work with. Easy to work with. Made sure I received the best settlement I could get. Thanks Jeff.

John Farber

The staff at The Morris Law firm has been great. I had many questions leading up to my decision on which law firm to use. My experience with everyone I had contact with was positive. They have multiple offices around the state of South Carolina. Highly recommend reaching on to Jeff and his staff if you made need a great lawyer. He has a whole team of professionals waiting to help you.

Matthew Reynolds

I appreciate all that Morris Law Firm did for me. Very friendly, professional, and knowledgeable staff that helped during a difficult time.

Lindsey Rogers

Schedule A Free Case Consultation

At Morris Law Firm, we have provided compassionate and aggressive counsel to personal injury victims in Horry County, Aiken County, and throughout South Carolina since 2016. We are available 24/7/365 days of the year. Reach out and get your case evaluated at no cost.

BOOK A FREE CASE CONSULTATION