Third-party liability in work injury claims: Your rights and options

Workplace incidents are often associated with workers’ compensation claims since they usually involve injuries directly related to an employer or a co-worker’s actions. However, there are situations where a third party’s negligence contributes to a workplace injury. At Smith Jordan Law, we aim to help you understand your rights and the legal pathways available when you are injured at work due to third-party negligence.

Keep reading to learn more about third-party liability in South Carolina, then call a Greenville workers’ compensation lawyer at (864) 343-2222 to get started.

third party liability work injury

What is third-party liability?

Third-party liability occurs when an entity other than your employer or a co-worker is responsible for your injury. This could involve contractors, equipment manufacturers, property owners, or other parties whose actions or failures to act lead to an accident.

Common scenarios of third-party negligence

Construction site accidents

Construction sites often have multiple contractors and subcontractors working simultaneously. If subcontractors fail to adhere to safety regulations, causing an accident, they can be liable for any injuries.

Defective equipment

Injuries caused by faulty machinery or tools fall under third-party negligence if the manufacturer or supplier failed to ensure the equipment was safe.

Vehicle accidents

If you are injured in a vehicle accident while on the job, and the other driver (who is not a co-worker) is at fault, you can pursue a claim against that driver.

Premises liability

If you are working on someone else’s property and are injured due to hazardous conditions, the property owner can be held responsible for failing to maintain a safe environment.

Legal rights and compensation

In South Carolina, you can pursue a third-party negligence claim in addition to a workers’ compensation claim. Workers’ compensation covers medical expenses and a portion of lost wages but does not provide for pain and suffering or full wage loss. A third-party claim can address these additional damages.

Filing a third-party claim

Step 1: Workers’ compensation claim

First, file a workers’ compensation claim with your employer to cover immediate medical costs and partial wage replacement. This is mandated by the South Carolina Code of Laws Section 42-1-540.

Step 2: Identify the third party

Identify the party whose negligence contributed to your injury. This may require investigating the accident and consulting experts to pinpoint responsibility.

Step 3: Gather evidence

Collect all relevant evidence, including accident reports, medical records, witness statements, and documentation of the third party’s involvement.

Step 4: File a lawsuit

With the help of an experienced attorney from Smith Jordan Law, file a personal injury lawsuit against the negligent third party. This process involves drafting and serving a complaint, engaging in pre-trial discovery, and potentially negotiating a settlement.

Statute of limitations

In South Carolina, the statute of limitations for personal injury claims, including those involving third-party negligence, is three years from the accident date, as specified in the South Carolina Code of Laws Section 15-3-530. Fulfilling your claim within this period is essential to preserve your right to seek compensation.

Benefits of hiring Smith Jordan Law

The skilled and top-rated attorneys at Smith Jordan Law provide several benefits to injured workers.


Our attorneys have extensive experience in handling third-party negligence claims. We understand the legal nuances and can build a strong case on your behalf.

Thorough investigation

We conduct comprehensive investigations to identify all responsible parties and gather the necessary evidence to support your claim.

Negotiation skills

We negotiate with insurance companies and defense attorneys to ensure you receive the maximum compensation you deserve.

Litigation support

If your case goes to trial, our skilled litigators are prepared to advocate for you in court to achieve the best possible outcome.

Injured at work? We’re ready to help.

Work accidents involving third-party negligence in South Carolina require a thorough understanding of workers’ compensation and personal injury laws. At Smith Jordan Law, we are committed to helping you navigate these legal complexities and secure the compensation you deserve. If you have been injured at work due to third-party negligence, contact us today to discuss your case and explore your legal options in a free consultation.

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