If you suffered an injury because of a repairman, you may consider filing a third-party liability claim to recover compensation not available under the workers’ compensation system. An attorney from Howell and Christmas experienced in Charleston third-party liability claims against repairmen can help guide you through the process of filing a claim. A dedicated injury lawyer could assist in collecting evidence to support a claim through settlement negotiations and litigation. Read on to learn more about what goes into Charleston third-party liability claims against repairmen, as well as how a professional attorney could represent your best interests today.
How do Third-Party Liability Claims Work?
Charleston workers are largely covered by the state’s workers’ compensation system. The workers’ compensation system provides injured workers with a means of recovering compensation for their injuries, medical expenses, lost wages, and disability. However, because of the limitations built into the system, this may leave an injured worker without the means to provide for themselves and their families. Fortunately, South Carolina’ Workers’ Compensation Act Section 42-1-550 provides that when an employee suffers an injury during their course of their employment by a third-party such as an outside repairman, they may pursue this repairman as a third-party for compensation for their injuries and losses.
Establishing Liability
Proving liability in Charleston third-party liability claims against repairmen is much more intensive than proving liability in the workers’ compensation system. To prove liability in Charleston third-party liability claims against repairmen, an individual must prove the repairman is legally responsible for their injuries.
Typically, someone can do this by showing that the repairmen committed an illegal action or acted recklessly. The most common theory employed in any personal injury case is a negligence theory. Under a typical negligence theory, an individual will seek to recover compensation for their injuries by proving:
- The defendant owed them a duty of care
- The defendant breached their duty of care
- As a result of the defendant’s breach, the plaintiff suffered an injury
Charleston repairmen must employ the duty of care as a reasonably prudent repairman would in the same or similar circumstances. This can be a challenge in a third-party liability claim because it means demonstrating to the court that another repairman would not have done the same action that caused an injury. Reach out to a weathered injury attorney to learn more.
Trial Duration
The South Carolina’s workers compensation system was created in 1935 as a means of providing injured employees a faster means of receiving compensation for workplace injuries. The civil court system rather than the worker’s compensation system hears third-party liability claims, which means these cases tend to move slower through the court system.
This is because the civil court system will hear claims such as contract disputes, marriage and divorce proceedings, and a wide-array of other claims not exclusive to injury. This means the civil courts naturally have many more cases than the workers’ compensation commission, which tends to slow the progress of a third-party liability claim.
Understanding Charleston Third-Party Liability Claims Against Repairmen
If you or someone you know suffered an injury at work due to a repairman’s negligence, a trusted and experienced workers’ compensation lawyer at Howell and Christmas can meet with you and discuss your case. With decades of experience, a professional injury lawyer can help ensure you receive the benefits and compensation you deserve. You could be entitled to legal representation, even if one law firm already decided not to take your case. To learn more about pursuing Charleston third-party liability claims against repairmen, reach out to the offices of Howell and Christmas today.
