Someone can file a third-party liability claim after an injury that occurred at work due to the carelessness or recklessness of a nurse. Charleston employees are generally covered under the state’s workers’ compensation system, which provides injured workers a means of recovering compensation for medical bills, lost wages, and disability.
However, in many cases where a person suffers an injury from a third-party nurse, the workers’ compensation system may not provide enough coverage and benefits. In these instances, a person may file a third-party liability claim against a nurse.
Workers who suffer injuries during the course of their employment by a third-party nurse specifically may recover compensation from the nurse or healthcare facility under S.C Code Section 42-1-550. However, before filing a third-party liability claim against a nurse, it is important to understand the differences between filing a third-party liability claim and a workers’ compensation claim.
If you suffered an injury because of a nurse while you were at work, you may be entitled to file both a workers’ compensation claim and a third-party liability claim. A Charleston third-party liability claims against nurses lawyer can meet with you to review your case and help you determine your rights and potential remedies.
Charleston Nursing Liability Laws
Nurses are healthcare providers, therefore when determining liability for nurses, it is critical to understand what constitutes medical malpractice. South Carolina’s Noneconomic Damage Awards Act of 2005 Section 15-32-210(8) defines medical malpractice as doing that which the reasonably prudent health care provider or health care institution would not do, or not do, that which the reasonably prudent health care provider or health care institution would do in the same or similar circumstances.
This often requires engaging in an extensive review of the facts and circumstances of an injury and how a nurse interacted with a person at that given time.
Workers’ Compensation Benefits
Charleston workers have broad protections under the workers’ compensation system to recover compensation for medical expenses, lost wages, and disability. Under the workers’ compensation system, an employee does not need to prove that their employer was at fault, rather they must simply prove that they suffered an injury during the course of their employment.
A Third-Party Claim
In instances where a nurse causes an employee to suffer an injury, a person may file a Charleston third-party liability claim against nurses. A third-party liability claim allows injured people the opportunity to recover compensation above what they may be able to in the workers’ compensation system. In a third-party liability claim, a worker must prove that a nurse negligently caused their injury.
A Charleston Third-Party Liability Claims Against Nurses Attorney Can Provide Guidance
The workers’ compensation system often prevents injured employees from filing a personal injury claim against their employer, therefore it is important to understand your rights and remedies after an injury in the workplace.
If you or someone you know suffered an injury at work due to a nurse, make sure you report your injuries immediately. After you report your injuries, consider contacting an experienced Charleston third-party liability claims against nurses lawyer at Howell & Christmas who can explain the process and procedures for filing a third-party liability claim.