Workplace safety should be a top priority. Unfortunately, that is not always the case. Each year, South Carolina loses far too many workers to accidents on the job. The vast majority of these deadly work accidents could and should have been prevented with proper care. Grieving families need justice and closure. This raises an important question: Is a fatal work accident a workers’ comp claim or a wrongful death claim? The answer is “it depends.” Though it can be both. Here, our Mauldin workers’ comp lawyer provides a legal guide to workplace death claims in South Carolina.
Workplace Deaths Happen Far Too Frequently in South Carolina
Even with state and federal safety standards in place, fatal work injuries continue to occur. The U.S. Bureau of Labor Statistics (BLS) recorded dozens of on-the-job deaths in South Carolina last year alone. Indeed, the BLS confirms that there were 112 work deaths in the state in 2023 alone. Many resulted from preventable causes: vehicle collisions, equipment malfunctions, electrocutions, and falls. Behind each number is a family struggling to make sense of the loss.
Workplace Safety Matters: Employers are legally obligated to maintain safe working environments under the South Carolina Occupational Safety and Health Act. When those obligations are neglected, workers pay the price. Surviving family members are often left with more than emotional pain. They also face lost income, funeral costs, and an uncertain financial future.
Workers’ Comp Wrongful Death: Know the Law in South Carolina
South Carolina law provides two main legal paths after a workplace fatality: a workers’ compensation death claim and a civil wrongful death lawsuit. These are separate but sometimes overlapping systems. Here is an overview of key things grieving families should know:
- Workers’ Comp Death Claims: Under the Workers’ Compensation Act (S.C. Code § 42-9-290), dependents of a deceased worker (such as a spouse or minor children) may receive death benefits. Those benefits include funeral expenses up to a statutory limit and weekly payments equal to two-thirds of the worker’s average wage, paid for up to 500 weeks. The system is “no-fault.” That means that benefits are available regardless of who caused the accident, as long as it arose out of and in the course of employment.
- Wrongful Death Claims: A wrongful death claim is different. It is a civil action under S.C. Code § 15-51-10 et seq., filed when a third party’s negligence or wrongful act causes the worker’s death. These claims can pursue full compensation. Along with other damages, families may be able to pursue compensation for pain and suffering, loss of companionship, and punitive damages. To be clear, those are damages beyond the limits of the workers’ comp system. However, wrongful death claims are fault-based legal cases.
Workers’ Comp Death Claim Does Not Exclude a Wrongful Death Lawsuit
Many families believe they must choose one claim or the other. In some cases, they can pursue both. South Carolina law allows simultaneous workers’ comp death benefits and a wrongful death claim if a third party (not the employer) caused or contributed to the accident. These are referred to as third-party liability lawsuits or third-party liability claims. Here are some examples:
- Dangerous Defective Equipment: If a machinery defect caused the fatal injury, the manufacturer or distributor may be liable.
- A Negligent Driver: If the worker was killed in a motor vehicle crash caused by another driver while on duty, the at-fault driver can be sued.
- Unsafe Practices by an Owner: When a property owner or contractor outside the employer’s company creates hazardous conditions that lead to death, a civil claim may follow.
- Toxic Exposure: If a chemical supplier or subcontractor failed to warn or protect workers, they can be held responsible.
Your Family Needs an Attorney After an Accidental Death at Work
Losing a loved one at work is devastating. It is a horrible, gut-wrenching tragedy. The law provides a remedy, but the claims process is complicated. Legal procedures and the complexity that comes with them should not add to that pain. A Mauldin workers’ compensation and wrongful death lawyer can guide your family through both systems, ensuring every available benefit and claim is pursued. An attorney will gather evidence, coordinate with the SCWCC, identify third-party liability, and handle negotiations with insurers and opposing counsel.
Of course, we know that no amount of compensation replaces a life. Still, justice and accountability can provide stability and closure. If your family has lost someone in a workplace accident, speak with an experienced South Carolina workplace death attorney as soon as possible. The law protects your right to both workers’ comp benefits and, when appropriate, a wrongful death claim.
Why Trust Our South Carolina Workplace Death Lawyers
Losing a family member to a workplace accident is devastating. It is one of the most challenging, heartbreaking tragedies that any person can ever be forced to endure. At Smith & Jones Law, LLC, we are a law firm that helps families that are navigating hard times. Our case results tell the story best. With the experience needed to take on both workers’ comp cases and wrongful death cases, we are always ready to go the extra mile for clients. From our law office in Mauldin, we are proud to fight for justice for grieving families all across the region, including in 29662, 29605, and 29607. Your initial consultation with our Mauldin workplace death lawyer is free and confidential.
Contact Our South Carolina Workplace Death Lawyers for a Free Case Review
At Smith & Jones Law, LLC, our South Carolina workplace fatal accident lawyers are strong, compassionate advocates for grieving families. If you have any questions about a wrongful death claim or a workers’ comp case, please do not hesitate to contact us for a free case review. Your initial consultation is completely confidential. With offices in Mauldin and Lexington, we handle cases throughout the region, including in 29662, 29605, 29607, 29071, and 29072.