South Carolina Construction Accident Attorneys Pursue Third Party Accident Cases on your Behalf
Workers’ compensation insurance may not be your only benefit
If you are injured on a construction site, your employer’s workers’ compensation insurance covers your loss of income, medical, rehabilitative, and related costs. These benefits are provided by law, and preclude your suing your employer for damages. However, a construction site is usually a beehive of activity in which independent contractors and other companies’ workers are present besides your own employer’s. If another company’s employee or an independent contractor commits a negligent act that causes your injury, you may have an opportunity to recover damages in a third party action.
Pursuing a lawsuit often seems overwhelming. That’s where McGowan, Hood, Felder & Phillips, LLC comes in to help. Our attorneys help clients throughout South Carolina pursue justice against their negligent employers and any other at-fault party. Let our lawyers review your claim and help you explore every legal option available.
What are “third party actions”?
A third party action is a suit for a negligent on-the-job injury brought against a person or company unrelated to your employer – that is, not another of your fellow employees. For example, if you are injured on the worksite by a truck belonging to another company, you are not only eligible for benefits through your employer’s workers’ compensation insurance; you may also bring suit against the owner or driver of the truck as a “third party.”
If the worker is able to successfully win a settlement in the third party claim, the worker would be required to reimburse his or her employer’s insurance company for all of the benefits already paid towards the worker’s injuries, but the worker would be entitled to keep whatever remains.
The more common third party claims in South Carolina include:
- Drivers of other vehicles involved in a work-related accident
- Defective equipment or materials manufacturer
- Outside vendors
- Local utilities
Are these kinds of actions very complicated?
Some are, and some are not. Being run over by another employer’s truck or falling into an excavating contractor’s improperly covered trench seem straightforward enough, but there may be situations in which one cause directly triggers another, or in which most of the accident scene is obliterated by an explosion. In order to fix accountability for a third party accident an experienced South Carolina construction accident attorney from McGowan, Hood, Felder & Phillips, LLC, may need to use a trained forensic scientist to recreate it.
Assuming the responsible party is identified, and a third party lawsuit is successful, any compensation awarded is used to offset benefits that you receive from your employer’s workers’ Compensation insurer. No matter how straightforward a third party suit appears, McGowan, Hood, Felder & Phillips, LLC, can represent you in dealing with the plaintiff’s or your employer’s insurance carriers if either presses you to settle your case prematurely or attempts to force your return to work before you are medically capable of doing so.
Contact our knowledgeable construction accident lawyers today for more information
McGowan, Hood, Felder & Phillips, LLC’s hard-working team of South Carolina truck accident lawyers has years of in-depth experience advocating for workers injured because of negligence at a construction site. Let us help you obtain the justice and compensation you deserve.
Contact McGowan, Hood, Felder & Phillips, LLC, today. Call 803-327-7800 and schedule a free case evaluation by an experienced South Carolina construction accident attorney, or fill out our contact form from any device. We proudly serve people throughout the state from offices in Columbia, Anderson, Rock Hill, Sumter, and Georgetown.