If you’ve been hurt on the job in South Carolina, your first thought might be to file a workers’ compensation claim — and in many cases, that’s the right move. 🧑🔧📝
But did you know that sometimes, you may be able to sue someone else for additional compensation — even while receiving workers’ comp benefits?
At Burts Law, PLLC, we help injured workers explore all avenues of recovery — not just what the insurance company offers. Here’s when you can step outside the workers’ comp system and file a separate lawsuit 👇
🔍 Why You Can’t Normally Sue Your Employer
Workers’ compensation is a no-fault system, which means:
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You don’t have to prove your employer was negligent 🤝
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But in exchange, you can’t sue your employer in most cases 🚫⚖️
However, there are important exceptions that could allow you to bring a lawsuit against someone else — and potentially recover more money 💰.
✅ 1. You Were Injured by a Third Party (Not Your Employer)
This is the most common reason to file a lawsuit alongside a workers’ comp claim.
Examples include:
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🏗️ A subcontractor on the same job site caused your injury
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🚚 A delivery driver hit you while you were working
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🧰 A defective tool or piece of machinery malfunctioned
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🏬 You slipped and fell while working off-site
💼 In these cases, you may be able to file a third-party personal injury lawsuit — and recover for things workers’ comp won’t cover (like pain and suffering).
🔥 2. Your Injury Was Caused by a Defective Product
If a piece of equipment, machine, or safety gear malfunctioned and caused your injury, you might be able to file a product liability claim.
Examples:
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🔌 Power tools with electrical defects
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⚙️ Faulty ladders, scaffolding, or harnesses
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💣 Equipment that exploded or overheated
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🧤 Protective gear that failed to protect
💡 These cases often involve suing the manufacturer or distributor of the defective product — not your employer.
🚨 3. You Were Injured Due to Intentional Harm
If your employer or a coworker intentionally caused your injury — for example, through an assault or other deliberate act — you may be able to sue outside of workers’ comp.
🛑 These cases are rare, but they bypass the workers’ comp shield if intentional harm can be proven.
🧪 4. You Were Exposed to Toxic Substances
While toxic exposure injuries (like mold, asbestos, or chemicals) are usually covered by workers’ comp, you may have a separate claim if:
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The product was negligently manufactured
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The property owner failed to warn you
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A third-party contractor caused the exposure
📄 These claims can overlap with toxic torts and premises liability law.
💵 Why You Might Want to Sue Outside of Workers’ Comp
Workers’ comp covers medical bills and partial wage replacement — but not pain and suffering, emotional distress, or full lost income. ❌💔
A lawsuit could help you recover:
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💸 Full lost wages and future earnings
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😣 Pain and suffering
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🧠 Mental anguish or loss of enjoyment of life
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💰 Punitive damages (in severe cases)
👨⚖️ Why Hire Burts Law, PLLC?
Workers’ comp may not be the only path to justice. Let us:
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Identify all responsible third parties 🔍
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Preserve crucial evidence (videos, equipment, incident reports) 📸
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Fight back against insurance denials or delays 🥊
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Handle your workers’ comp and lawsuit at the same time, if needed
📞 (866) BURTS-LAW
🌐 www.burtslaw-sc.com
🧠 Final Thoughts
If someone other than your employer caused your work injury, you may be entitled to a lot more than what workers’ comp offers.
Let Burts Law, PLLC investigate every angle — and fight for the full compensation you deserve.
📞 (866) BURTS-LAW
🌐 www.burtslaw-sc.com
🛠️ Workers’ comp may be the start. Let’s make sure it’s not the end.
