Charleston Third-Party Liability in Workers’ Compensation Claims
When an employee is injured on the job, he or she can receive workers’ compensation benefits without proving fault for the injury. Sometimes these cases are more complex, and the fault of the injury does not lie with the employer but with a third-party. Cases can include manufacturing errors in work equipment, company vehicle accidents, or janitorial service errors.
To establish third-party liability cases it is necessary to prove fault by negligence or wrongful acts. It is at these times, litigation may become necessary. To determine if a third-party is at fault contact the Max Sparwasser Law Firm, LLC for a thorough review of your case.
Common Third-Party Cases in Charleston
If a worker is injured on-the-job by defective equipment it can be possible to hold the manufacturer of the equipment responsible. Manufacturers have legal and moral obligations to ensure their products are free of defects and safe to operate. If the employer has performed their due diligence in inspecting and maintaining the equipment, he or she will likely not be liable for damages. If an investigation reveals a defect on the part of the manufacturer, they can be held accountable for injuries that occur.
Many third-party workers’ compensation cases occur as the result of company vehicle accidents. If an employee is driving a company vehicle and is involved in a wreck with another vehicle from outside the company they may have a third-party, as well as a workers’ compensation case. The employee may be able to recover for damages from the auto accident and from workers’ compensation. To learn more about this, speak to a Charleston accident lawyer today.
If an employee is required to visit an outside business as part of their job duties, injuries occurring at that facility can become third-party cases. For example, if a delivery driver is required to deliver products to a store and falls on the ice outside they may have a premises liability case. The business can be held accountable for not properly maintaining their facilities to avoid injuries.
Accidents from Workers Outside the Company
Sometimes employees from one company are required to interact with employees from a separate company and one employee is injured. A common example of this type of case would be injuries or falls after an outside janitorial service has left wet floors. The janitorial company can be held responsible in these cases.
South Carolina Law
Workers’ compensation in many states, as well as South Carolina, will cover medical bills, but only partially pay out lost wages after an injury. This means that workers’ compensation does not pay out the entire lost salary but will also not account for pain and suffering accrued by you and your family. South Carolina law will not allow victims to sue employers for personal injury but does allow for a civil cause of action against a third party in addition to the workers’ compensation claim.
The Max Law Difference
If you have been injured on the job, call us immediately. Many victims wait until it’s too late and lose out on possible compensation. If you or a loved one has had a workplace injury, contact us immediately before negotiating or collecting any benefits. Max is highly experienced in third-party liability claims and understands the procedures necessary for receiving proper compensation. Call the Max Sparwasser Law Firm, LLC, now to schedule a free evaluation of your case. You will never be required to pay any fees for our services unless we win a settlement or judgment in your favor.