South Carolina Injury Attorneys
Third Party Actions – What Injured Workers Need to Know

Third Party Actions – What Injured Workers Need to Know

In all 50 states except Texas, employers are required to carry workers’ compensation insurance for employees. This insurance covers medical bills, travel to and from doctor’s appointments, lost wages, and other expenses from a work-related injury or illness. Workers’ compensation benefits are awarded regardless of fault, which means you don’t need to prove negligence to receive workers’ compensation payments. However, you will be unable to receive punitive damages or non-economic damages, such as pain and suffering, emotional distress, and loss of enjoyment of life, through workers' compensation.

What many workers don’t know is that they have the right to file a third-party action in addition to their workers’ compensation claim. This can provide justice for workers who have been injured by the negligence or recklessness of others. Employers, manufacturers, property owners, and employees of other companies may be held liable in a third-party claim.

Types of third-party actions include:

  • Claims for equipment or manufacturing defects
  • Premises liability claims
  • Claims for inadequate safety procedures

For example, if you were injured at work because of dangerously designed equipment or machinery, you may be able to file a third-party action against the manufacturer. This would provide compensation for non-economic damages on top of your workers’ compensation benefits. In a third-party lawsuit, you will need to prove that the other party acted negligently or recklessly. This means you will need to use evidence, such as witness statements, employment records, pictures and videos of the incident, and other documentation, to support your claim. With the recent movement to reduce workers’ compensation payments in many states, filing a third-party claim may be the best option to receive the settlement you deserve from negligent or reckless individuals.

If You Have Suffered an Injury or Illness at Work, Christian & Davis LLC Is Here to Help

At Christian & Davis LLC, we have guided hundreds of clients to successful legal outcomes. With a thorough knowledge of state and federal laws, our Greenville workers’ compensation attorneys provide experienced legal services to injured employees. We will analyze your situation and discuss your options for filing a workers’ compensation claim, and will represent you tenaciously in a third-party action to pursue justice from those responsible.

Contact us today to receive a free initial consultation.

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