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Construction Site Injuries in South Carolina

Whether an injured construction worker in South Carolina can sue beyond workers' comp, any scaffold or height-safety law, and the deadline to sue.

Short answer: Injured construction workers' claims against their employer go through workers' compensation, which excludes all other rights and remedies against the employer. S.C. Code §§ 42-1-540, 42-1-560, 42-1-415

Construction site injuriesInjured construction workers' claims against their employer go through workers' compensation, which excludes all other rights and remedies against the employer. The exclusive-remedy statute does not bar claims for injuries caused by a subcontractor of the employer or its employees, or a claim by one subcontractor's employee against another subcontractor hired by a common employer. The worker may also sue other third parties, subject to the insurer's lien. Where an uninsured subcontractor's worker is hurt, the higher-tier contractor or its carrier must initially pay benefits and may seek to shift the claim to the Uninsured Employers' Fund.
No New York-style scaffold statute was located; a full-code review was not done.
Source: S.C. Code §§ 42-1-540, 42-1-560, 42-1-415
Deadline to sue for an injuryThree years for assault, battery, or any injury to the person or rights of another not arising from a contract.
Source: S.C. Code § 15-3-530(5)

More South Carolina personal injury & wrongful death

FAQ

Can you sue for a construction accident in South Carolina?
Injured construction workers' claims against their employer go through workers' compensation, which excludes all other rights and remedies against the employer. The exclusive-remedy statute does not bar claims for injuries caused by a subcontractor of the employer or its employees, or a claim by one subcontractor's employee against another subcontractor hired by a common employer. The worker may also sue other third parties, subject to the insurer's lien. Where an uninsured subcontractor's worker is hurt, the higher-tier contractor or its carrier must initially pay benefits and may seek to shift the claim to the Uninsured Employers' Fund.
What is the statute of limitations for personal injury in South Carolina?
Three years for assault, battery, or any injury to the person or rights of another not arising from a contract.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.