On-the-job accidents are a common cause of worker injuries in Charleston. When an employee suffers an injury while at work, they may have limited legal options. In most cases, the law does not allow injured employees to file a legal claim for the injuries they sustain while working.
Most injured employees instead must file a workers’ compensation claim. However, if a negligent third-party caused your worksite injury, you may be able to file a civil lawsuit. This means that if a subcontractor’s, client’s, or other third-party’s negligence or carelessness caused your injury, you can seek compensation from them for your medical bills and other damages.
A seasoned lawyer with experience filing Charleston third-party liability claims against companies can help you file your legal claim. Call Howell & Christmas now to learn more about your options and discuss your situation with an experienced attorney.
Defining Third Party
Third party refers to anyone other than the employee or their employer. Many employers subcontract with other companies to achieve tasks and employees often work directly with these subcontractors. A subcontractor is a third party since they are neither employer nor employee. Similarly, suppliers, distributors, clients, and business visitors are third parties.
When an employee gets hurt due to a third party’s actions, they may be able to sue that person or company. Therefore, it is important to distinguish who the third party is, and identify what their relationship to the injured employee is.
Is a Civil Lawsuit Different from Workers’ Compensation?
In Charleston, most employers must carry workers’ compensation insurance. This allows employees injured on the job to file a workers’ compensation claim, seeking medical and cash benefits. A workers’ compensation claim is essentially a specific type of insurance claim. Generally, any employee who sustains an injury while performing their job duties can file a workers’ compensation claim.
Unlike a workers’ compensation claim, a civil suit is a legal claim that an injured worker may file in court. However, injured employees can only file a civil lawsuit under certain circumstances. Workers generally cannot file a suit against their employer for on-the-job injuries because they can claim workers’ compensation. In cases where workers’ compensation would not cover the employee’s injuries, they may be able to file a lawsuit.
Workers’ compensation does not cover injuries caused by a negligent third-party company. Therefore, when an employee suffers an injury because of a third party’s negligence, they can file Charleston third-party liability claims against companies, in order to seek financial compensation for their medical bills, lost wages, and pain and suffering.
Seeking Compensation from a Negligent Third Party
Filing Charleston third-party liability claims against companies can be complicated. First, the injured employee must identify the relationship between them and the third-party company. This is important because the worker may only be able to file their lawsuit if the at-fault company is truly a third party and not their employer.
Next, the injured worker must show the company’s negligence caused their injuries. They may be able to prove this with the help of medical records, witness statements, and other documentation regarding their injuries. Filing a lawsuit can help the injured victim get money to pay for their medical care, which workers’ compensation would likely not cover.
Speaking to a Charleston Third-Party Liability Claims Attorney
Suffering an injury at work can be devastating. It can seem even more devastating if the injury was caused by a negligent third party. However, this may mean you can pursue a third-party liability claim against the responsible company.
A lawyer with experience filing Charleston third-party liability claims against companies can help you determine if a lawsuit is right for you. Call today and get the answers you need to move forward.