South Carolina Third-Party Workplace Injury Claims
In South Carolina, an exclusive remedy system is in place for workplace injuries. This system is referred to as the “workers’ compensation system.” Because it is an exclusive remedy, a workers’ comp claim is usually the only way you are allowed to take legal action against your employer for a work-related injury or for an injury that happens on the job.
With very narrow exceptions, you cannot file a personal injury or “tort” lawsuit against an employer or otherwise pursue a claim outside of the workers’ compensation system. However, South Carolina’s workers’ compensation rules do not bar lawsuits against third parties (parties other than the employer or a co-employee) whose negligence contributed to your workplace injury.