Getting hurt at work is scary. You may be wondering how you'll pay your bills, cover your medical care, and take care of your family while you heal. Workers' compensation is designed to help — but it doesn't always cover everything you've lost. In some cases, someone other than your employer may be responsible for your injury. When that happens, you may have the right to file what's called a "third-party claim," which could open the door to additional compensation beyond what workers' compensation alone provides.
If you've been hurt on the job and aren't sure whether workers' comp is covering all your losses, don't wait — call us today at (803) 599-2207 or reach out through our online contact form for a free consultation.
What Is Workers' Compensation and What Does It Cover?
Workers' compensation is a type of insurance that most employers are required to carry. If you're injured while doing your job, this insurance is supposed to pay for your medical bills and replace part of your lost wages while you recover.
While that sounds straightforward, workers' comp has real limits. It typically does not pay for your pain and suffering, and it only replaces a portion of your lost income — not all of it.
What Workers' Comp Doesn't Cover
Many injured workers are surprised to find out how much workers' compensation leaves on the table. Here's a quick look at what it generally does not pay for:
- Pain and suffering — the physical and emotional toll your injury has taken on your daily life
- Full lost wages — workers' comp usually only pays about two-thirds of your average weekly wage
- Future lost earning potential — if your injury keeps you from advancing in your career
- Out-of-pocket costs not covered by medical benefits
- Loss of enjoyment of life — the activities and hobbies you can no longer do
These gaps can leave injured workers struggling financially, even while receiving workers' comp benefits. That's where a third-party claim can make a significant difference.
What Is a Third-Party Claim?
A third-party claim is a personal injury lawsuit filed against someone other than your employer. In workers' comp, you generally cannot sue your employer directly. But if another person or company caused or contributed to your injury, you may be able to hold them accountable through the civil court system.
Think of it this way: your employer's insurance takes care of the basics, but a third-party claim can seek full compensation for everything you've actually lost. These two types of claims can be pursued at the same time, which means you don't have to choose one over the other.
Who Could Be a "Third Party" in a Work Injury Case?
A third party is anyone — outside your employer and coworkers — whose carelessness or wrongdoing played a role in your injury. The possibilities vary depending on how and where your accident happened.
Some common examples of third parties in work injury cases include:
- A driver who caused a car accident while you were working on the road
- A property owner where you were working, and whose unsafe conditions led to your fall
- A manufacturer of a defective tool, machine, or piece of equipment that failed and hurt you
- A contractor or subcontractor on a job site who created a dangerous situation
- A chemical or product company whose substance caused illness or injury
Each of these scenarios involves someone outside your employer who may have played a role in what happened to you. Identifying the right third party is one of the most important steps in this type of case.
How Do You Know If You Have a Third-Party Claim?
Not every workplace injury involves a third party, but many do — and injured workers often don't realize it. A few key questions can help you think through whether your situation might qualify.
Ask yourself: Was anyone other than your employer or a coworker involved in what happened? Was the accident caused by a product, piece of equipment, or property that your employer didn't control? Did the injury happen somewhere other than your main workplace, like a client's property or a public road?
If the answer to any of these is yes, it's worth having a conversation with a personal injury attorney. The details of your situation matter, and a legal review can help you understand what options may be available to you.
What Can a Third-Party Claim Recover?
One of the biggest advantages of a third-party claim is that it can pursue a broader range of compensation than workers' compensation allows. While workers' comp sticks to medical bills and partial wage replacement, a third-party personal injury claim can seek:
- Full compensation for lost wages, both past and future
- Payment for pain and suffering
- Compensation for emotional distress
- Damages for loss of enjoyment of life
- Reimbursement for any out-of-pocket expenses related to your injury
In short, a successful third-party claim can help bridge the gap between what workers' comp pays and what you actually need to rebuild your life after a serious injury.
How Workers' Comp and a Third-Party Claim Work Together
Filing a third-party claim does not mean giving up your workers' compensation benefits. You can collect both at the same time — but there's an important detail to be aware of.
Most states, including South Carolina, have what's called a "subrogation" rule. This means that if you win money through a third-party claim, your employer's workers' comp insurance may have the right to be paid back for some of the benefits they already gave you. This can sound confusing, but an attorney can walk you through how it works in your specific case. The good news is that even after accounting for subrogation, many injured workers still end up with significantly more money than they would have received from workers' comp alone.
How Long Do You Have to File?
Time limits matter. In South Carolina, the general rule for personal injury claims — including third-party work injury claims — is three years from the date of the injury. Missing this deadline can permanently bar you from seeking compensation through a lawsuit.
It's always better to act sooner rather than later. Evidence can fade, witnesses can become harder to find, and building a strong case takes time. Reaching out to an attorney early gives your case the best foundation possible.
How Smith Born Leventis Taylor & Vega, LLC Can Help
If you've been hurt on the job, you shouldn't have to navigate the legal system alone. Workers' comp claims are complicated enough — and adding a third-party personal injury claim to the mix can feel overwhelming without guidance.
At Smith Born Leventis Taylor & Vega, LLC, our team takes the time to listen to what happened and look at your situation from every angle. We want to make sure you're not leaving money on the table that you may rightfully be owed. We work on a contingency fee basis, which means you pay nothing unless we recover compensation for you.
Talk to a Columbia Personal Injury Attorney About Your Third-Party Claim Options
Workers' compensation is an important safety net, but it isn't always enough. If someone else's carelessness contributed to your workplace injury, you may have more legal options than you think. Smith Born Leventis Taylor & Vega, LLC is here to help you understand those options and stand by your side every step of the way.
Call us today at (803) 599-2207 or fill out our online contact form to schedule a free, no-obligation consultation. There's no cost to talk, and learning your rights could make all the difference.