Work sites are full of dangers, both obvious and unknown. Even when you are acting carefully, you may fall victim to a devastating construction accident. At the Knie & Shealy Law Offices, we have substantial experiencing handling both workers’ compensation claims and third-party claims arising from these events. Work injury lawyer Patrick E. Knie can help victims of job-related accidents in the Spartanburg area explore their options. He has compiled 40 years of experience guiding individuals through the legal system and fighting aggressively for their rights.Seeking Workers’ Compensation Benefits After a Construction Accident
Workers’ compensation is a state program that provides workers who are involved in accidents while on the job with a source of benefits to help them cope with their injuries. Under South Carolina law, this is generally the sole source of compensation for an injured employee with regard to the employer. In other words, someone who is hurt on the job typically cannot pursue a legal action against his or her employer, except in a limited number of situations.
The workers’ compensation system provides an employee with the right to obtain reasonable treatment that is necessary to cure or relieve the impact of the accident. This may include medical bills, medications, physical therapy, and reimbursement for mileage to and from a hospital or medical facility.
After you file a workers’ compensation claim with your employer, its workers’ compensation insurance carrier may have a doctor evaluate the nature and extent of your injury. This typically determines the type of benefits that you will receive. For example, if the doctor concludes that your injuries are temporary and partial, you likely will receive a small amount of benefits and be expected to return to work after a reasonable healing period. If the doctor concludes that your injuries are permanent and total, however, you probably will be entitled to a much larger benefits award and will most likely not be expected to return to work.Exploring the Option of a Third-Party Claim
Although the workers’ compensation system provides the primary way to obtain benefits in the event that you suffer an accident while working on a construction site, there are some exceptions to this rule. In the event that your injury occurred due to the negligent acts of someone other than a co-worker or your employer, South Carolina law provides you with the right to file a lawsuit against that party. Common examples of third-party construction accident claims include actions against a different subcontractor that was working on the same construction site, the manufacturer of a defective tool or construction product, or a delivery truck driver and his or her employer.
A third-party construction accident claim exists independently from your right to seek workers’ compensation benefits. As with any personal injury claim, a victim seeking damages from a third party must establish that the defendant owed the plaintiff a duty to use the same ordinary care and skill that a reasonably prudent person would use in a similar situation, and that the defendant failed to act according to that standard. Next, the victim must establish that he or she suffered an injury as a direct result of the defendant’s breach, in addition to identifying quantifiable damages that resulted.Discuss Your Workplace Accident Claim With a Greenville & Spartanburg Lawyer
If you have suffered an injury while working on a construction site, it is important to report it immediately and to seek prompt medical attention. Navigating the legal process and the workers’ compensation system can be confusing and frustrating, especially when you are dealing with a debilitating and unforeseen injury. At the Knie & Shealy Law Offices, Attorney Patrick E. Knie has assisted Spartanburg residents and others with workers’ compensation and third-party claims. We treat each client with the compassion and dedication that they deserve and will zealously represent your rights before insurance companies, opposing counsel, and the court. Our firm also has represented individuals throughout Union, Greenville, Laurens, and Cherokee Counties. Call us at (864) 582-5118 or contact us online to set up a free and confidential consultation.