Workplace injuries aren’t always just the employer’s fault

Take time to assess if others may share in the liability

By Eric Brock In South Carolina, an injury on the job may not only mean a potential Workers' Compensation case. Depending on the particular facts of the accident, you may also have an additional claim against a negligent third party. A third party in the workplace injury context is an entity other than your employer or fellow employee whose negligence was the cause of your injury. Industrial accidents involving machinery can be the fault of poorly designed equipment or poorly maintained equipment or a result of inadequate warnings and instructions for using the equipment. For example, if you are working on the job and you are injured as a result of a fall from a defective ladder, you may have both a Workers' Compensation claim and a products liability/negligence claim against the ladder manufacturer. Other examples of workplace injury claims against third parties include motor vehicle accidents where you are driving a vehicle while on the job and a third party causes the accident, exposure to toxic substances, the negligence of other companies at your work site, such as subcontractors/vendors and premises liability incidents that occur on property owned by a third party where the landowner's negligence contributed to your accident and injury. Third party workplace claims can also assist you in what Workers' Compensation may not cover, including, but not limited to, future medical costs and treatment, loss of income, disability, loss of quality of life, loss of household services and loss of consortium. While South Carolina allows potential claims for both Workers' Compensation and Third Party Workplace Liability, there are strict rules and procedures associated with making these claims. Clore Law Group has successful and experienced attorneys familiar with the process who are available to answer any questions you may have about Workers' Compensation and/or Third Party Workplace Liability.