In South Carolina workers’ compensation is the exclusive remedy for any employee that has been injured on the job while in the course and scope of his or her employment. The problem with the workers’ compensation laws is that there are many categories of damages for which the client is not entitled to recover. Pain and suffering for instance would be one of those. No matter how bad the injury and how much pain and suffering the client has been through there is no way to recover under South Carolina’s workers’ compensation laws for this element of damages. For this reason, as well as many others, a recovery in a workers’ compensation case can be extremely limited compared to what a client could recover had they been injured in an accident involving a third party for which they did not work.
What we find very often however is that workers’ compensation cases also have an element of third-party liability. Currently, we are working on a workers’ compensation case that has recently been settled for an employee that worked for a major retailer. It turned out that the employees’ injury was as a result of a defective design of a piece of equipment that was manufactured by a third-party corporation. The workers’ compensation case was settled and we have now filed a complaint in circuit court against the manufacturer of the piece of equipment. Any recovery from the third-party manufacturer would simply be a recovery that would be intended to compensate the client for the elements of damages for which she was not able to recover in the workers’ compensation case.
It is very important when hiring a workers’ compensation attorney that you are working with someone who is constantly looking for an avenue of second recovery on every workers’ compensation case. At Burriss and Ridgeway we take a hard look at every workers’ compensation case thinking first and foremost about where third-party liability may be. This goes for any type of workers’ compensation case that we evaluate. If we can help you in any way we would be more than happy to provide a free consultation to see if we could help you recover both under the workers’ compensation statute as well as South Carolina personal injury tort laws. We Have offices conveniently located in Columbia, Lexington and Orangeburg, South Carolina or we will travel to you if injured. Contact Us!