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The short answer: More than one party may be liable when someone is hurt on a South Carolina construction site: the general contractor, subcontractors, the property owner, an equipment manufacturer, or another third party on the job. If you’re an employee, you can usually file a no-fault workers’ compensation claim regardless of who caused the accident, and you may also have a separate personal injury claim against a third party whose negligence hurt you.
A serious construction accident can change everything in an instant. One moment you’re doing your job. Next, you’re facing surgery, missed paychecks, and hard questions about how you’ll provide for your family. The good news? You have options, and figuring out who’s responsible is the first step. Trey Harrell is a Charleston construction accident lawyer who helps injured workers and their families sort through those options during a free consultation.
Who Can Be Held Liable for a Construction Site Injury in South Carolina?
Construction accident liability often reaches beyond a single company because sites involve many parties working at once. Depending on how the accident happened, any of these may share responsibility:
– General contractor: responsible for overall site safety and coordinating the work.
– Subcontractors: liable when their crew or their work creates a hazard that injures someone else.
– Property owner: can be liable for dangerous conditions on premises they control.
– Equipment manufacturers: responsible when a defective tool, machine, or safety device fails.
– Other third parties: delivery drivers, engineers, or vendors whose negligence contributes to the accident.
One wrinkle unique to construction: on many projects, a general contractor can be treated as your “statutory employer” under South Carolina law, which affects whether you can sue them directly. Sorting out who’s responsible takes a careful look at the contracts and the facts on the ground.
What’s the Difference Between Workers’ Comp and a Third-Party Injury Claim?
The key difference comes down to whom you’re filing against and what you can recover.
Workers’ compensation is a no-fault system. If you’re an employee injured on the job, you can receive benefits for medical treatment and lost wages, regardless of who caused the accident. In exchange, workers’ comp is generally the exclusive remedy against your employer, so you usually cannot sue your employer directly. You generally have two years after the accident to file a workers’ compensation claim.
A third-party claim is a different animal. When someone other than your employer caused your injury, say, a subcontractor or an equipment manufacturer, South Carolina law preserves your right to pursue that party. These claims can recover damages that workers’ comp doesn’t, including full pain and suffering. South Carolina generally gives you three years to file that lawsuit under Section 15-3-530. Many injured workers pursue both at once.
What Are the Most Common Construction Site Injuries?
Falls are the leading cause of serious construction injuries, but many other hazards also send workers to the hospital. Common ones include:
– Falls from roofs, ladders, and scaffolding
– Scaffolding collapses
– Struck-by incidents, such as falling tools, materials, or swinging loads
– Electrocution from exposed wiring or contact with power lines
– Equipment malfunctions involving cranes, forklifts, nail guns, and power tools
These accidents often cause catastrophic harm, including traumatic brain injuries, spinal cord injuries, broken bones, and burns. Bystanders near a job site may have a claim too.
How Does South Carolina’s Comparative Negligence Rule Affect Your Claim?
Being partly at fault doesn’t automatically end a third-party claim. South Carolina uses a modified comparative negligence model with a 51% bar. You may recover as long as your negligence is not greater than the defendant’s, and your damages are reduced in proportion to your share of the fault. Found 20% at fault? Your award drops by 20%. When more than one party shares the blame, a defendant found to be less than 50% at fault is liable only for that percentage of the damages. Insurance companies know these rules and often try to pin extra blame on the injured worker to cut what they pay. Keep in mind this fault analysis applies to third-party claims, not no-fault workers’ comp.
Why Does Courtroom Experience Matter in a Construction Accident Case?
Insurance companies pay attention to which attorneys are actually willing to try a case. That’s why courtroom experience matters. As a former federal prosecutor with an HIDTA task force, Trey Harrell built his courtroom confidence handling high-stakes matters, and he isn’t afraid to take a construction accident claim to trial. Trey and his dedicated team investigate how the accident happened, identify every party who may be responsible, and build a case designed to hold them accountable. Remember, Trey helps, and that means walking you through each step so you can focus on healing. Your consultation is free, and construction accident cases are handled on a contingency fee basis, so there’s no attorney’s fee unless Trey recovers compensation for you.
Frequently Asked Questions About Construction Accident Claims in South Carolina
Can I sue if I’m already receiving workers’ compensation?
Possibly. Workers’ comp usually prevents you from suing your employer but not from filing a third-party claim against another company or person whose negligence caused your injury. Many injured workers pursue both.
How long do I have to file a construction accident claim?
It depends on the type of claim. A workers’ compensation claim generally must be filed within two years after the accident. A third-party personal injury lawsuit generally allows three years. Deadlines can shift based on your situation, so call early.
What if I were partly to blame for the accident?
You may still recover. Under South Carolina’s modified comparative negligence rule, you can pursue a third-party claim as long as your fault is not greater than the defendant’s, with your compensation reduced by your share.
What does it cost to talk to Trey?
Nothing. Your consultation is free. Construction accident cases are handled on a contingency fee basis, which means no attorney’s fees unless Trey recovers compensation for you.
Talk to a Charleston Construction Accident Lawyer Today
You shouldn’t have to sort out who’s liable while you’re trying to recover. Trey Harrell is a third-generation Charlestonian who knows these cases and the local courts, and he gives every client personal attention from the firm’s Charleston office at 2000 Sam Rittenberg Boulevard, Suite 2002. Remember, Trey helps. Contact us at 843-636-8739 for a free consultation.