Table of Contents
South Carolina Construction Accident Lawyer
Table of Contents
A construction site injury changes your finances overnight. Medical bills arrive before you are cleared to return to work, and workers’ compensation checks rarely replace a full paycheck.
Many injured workers assume workers’ compensation is their only option after a South Carolina job site accident. This assumption is wrong and can be costly.
A general contractor, subcontractor, property owner, or equipment manufacturer can also share responsibility, and the evidence that proves it disappears fast. Site records get discarded, and equipment gets repaired or replaced. Meanwhile, your time to act under South Carolina law keeps passing while you focus on healing.
Marcari, Russotto, Spencer & Balaban investigates construction accidents the way a multi-party claim requires. We identify every contractor, subcontractor, property owner, and equipment company that may share fault, and we start that work right away, at job sites across the Upstate, the Midlands, and the Lowcountry.
Why South Carolina Construction Accident Clients Choose Marcari, Russotto, Spencer & Balaban
Founding partner Donald Marcari and partners David Russotto, David Spencer, and Brad Balaban lead a team with more than 200 years of combined legal experience. This depth of knowledge counts on a construction site, where more than one company can be responsible for what happened to you.
Fast Investigation at South Carolina Job Sites
We work from 15 offices across Virginia, North Carolina, and South Carolina, and our attorneys travel to clients. That reach lets us get to a South Carolina job site quickly, meet the general contractor, and start pulling equipment records before that evidence is moved or replaced.
Experience With Multi-Defendant Claims
A construction accident often involves more than one company, and pursuing several at once takes specific experience. Our attorneys have built claims against equipment manufacturers and large national companies, which is often what a construction case requires. You can review examples of our past results on our website.
No Fee Unless We Recover
We work on a contingency fee, so you owe us nothing unless we recover for you. An initial free consultation lets you find out where you stand without financial risk.
Available When You Need Us
Job site accidents do not happen on a schedule, so we are available 24/7 by phone, email, and live chat. You can reach a real person the same day you decide to ask about your claim.
Client Testimonials
“I had a good experience at this law firm! Will recommend to anyone who has an injury claim to file!” — T.A.
“This was an amazing experience for me. This law firm really cares about their clients. And I can honestly testify to that. I would recommend you all to any and everybody. I really appreciate everything. God Bless!!!” — D.T.
“Made a great decision hiring this wonderful TEAM of experts. They did everything promised and more. Mr. Rossotto worked hard battling medical bills; Mr. Balaban listened and showed genuine care.” — Ron A.
Common Types of South Carolina Construction Accidents
A job site injury can keep you off work for months, and the type of accident often shapes who else may be responsible for it. The most serious construction accidents fall into four categories:
- Falls are the most common serious construction accident, whether from a roof, scaffolding, a ladder, or an unprotected floor opening. A general contractor’s failure to provide fall protection or guardrails is often at the center of these claims.
- Being struck by an object is the second major category, covering falling tools, materials, or debris, along with being hit by heavy equipment moving through the site.
- Electrical injuries happen when workers contact power lines, faulty wiring, or improperly grounded equipment, and they often point back to an electrical subcontractor or an equipment manufacturer.
- Caught-in or caught-between injuries occur when a worker is pinned by a collapsing trench, machinery, or materials, frequently because of a safety violation on someone else’s part.
Together, these four categories make up what OSHA calls the Fatal Four, and they account for more than half of construction worker deaths nationwide. Knowing which category your accident falls into is often the first step toward identifying who is responsible.
Who Can Be Held Responsible After a South Carolina Construction Accident

Workers’ compensation covers only your employer, but a construction site brings together several companies whose mistakes can also cause an injury. Depending on what happened, one or more of the parties below may share responsibility.
General Contractors and Subcontractors
A general contractor is responsible for coordinating a safe job site, which means providing fall protection, keeping scaffolding safe, and enforcing the rules across every crew. When a general contractor or a subcontractor cuts corners, whether by skipping an inspection or using undertrained workers, the resulting injury can support a claim against that company, separate from your workers’ compensation benefits.
Property and Site Owners
The owner of the property has a duty to address known hazards, especially on a site open to multiple crews. An owner who knew about a dangerous condition and failed to correct it can be held responsible alongside the contractors on site.
Equipment and Tool Manufacturers
Defective scaffolding, power tools, cranes, and other heavy equipment cause a meaningful share of construction injuries. When a piece of equipment fails because of a design flaw or a manufacturing defect, the manufacturer, distributor, or rental company may be responsible.
Workers’ Compensation or a Third-Party Injury Claim, or Both
Workers’ compensation covers your authorized medical care and part of your lost wages after a job site injury, but it typically bars you from suing your employer. However, you still have options.
If someone other than your employer contributed to your accident, you may also have a third-party personal injury claim against them, whether that is a general contractor, a subcontractor, a property owner, or an equipment maker. A third-party claim can reach losses that workers’ compensation does not cover, including your full lost wages and compensation for pain and suffering.
Filing both is common on a construction site because more than one company is often involved. South Carolina workers’ compensation claims are not something Marcari, Russotto, Spencer & Balaban handles directly, but we regularly investigate and pursue the third-party personal injury claim that runs alongside one.
How South Carolina’s Fault-Sharing Law Affects Your Claim
Sharing part of the blame does not automatically end your South Carolina claim. The state follows a modified comparative negligence rule with a 50% bar, so you can recover as long as you are less than 50% at fault, with your compensation reduced by your share. At 50% or more, recovery is barred.
For claims arising on or after January 1, 2026, a jury or court may also weigh the fault of parties who are not named in the lawsuit, under Act 42, H.3430, which amends Section 15-38-15. On a site with several companies present, fault assigned to a company you never sued still reduces what you can recover.
That makes identifying everyone who contributed an early priority, well before you accept any settlement offer. Missing a responsible party can mean leaving part of your recovery on the table.
How Long You Have to File a South Carolina Construction Accident Claim
In South Carolina, you generally have three years from the date of a construction accident to file a personal injury lawsuit. That deadline comes from S.C. Code § 15-3-530. Miss it, and the court will almost certainly refuse to hear your case, no matter how strong the claim is.
Evidence on a construction site disappears well before that deadline arrives. Equipment gets repaired, site logs get overwritten, and subcontractors move on to other jobs. Sending a preservation letter early, a formal request that a company hold on to records and evidence tied to your case, helps keep that evidence from being lost before your claim is fully investigated.
What to Do After a South Carolina Construction Accident

The steps you take right after a construction accident can affect both your health and your claim:
- Report the accident to a supervisor right away and get it documented in writing, even if your employer discourages a formal report.
- Get medical attention promptly, both for your health and because medical records establish a timeline connecting the accident to your injuries.
- Take photos of the scene, including any equipment, materials, or hazards involved, before the site is cleaned up or repaired.
- Get the names and contact information of any coworkers or witnesses who saw what happened.
- Avoid giving a recorded statement to an insurance adjuster, whether it belongs to your employer’s insurer or another company’s, before you speak with an attorney.
An attorney can request evidence preservation and begin investigating other responsible parties while these details are still fresh.
Frequently Asked Questions About South Carolina Construction Accident Claims
What If I Was Partly at Fault for My Construction Accident?
Partial fault does not automatically bar your claim in South Carolina. If you were not mostly responsible, you can still recover, with your award reduced by your share. Because fault is often split among several companies on a construction site, identifying every contributor early can protect what you recover.
Can I Sue a Company That Does Not Employ Me?
Yes. If you were hurt on a construction site as a subcontractor’s employee, a delivery driver, an inspector, or a bystander, you may have a claim against the general contractor, the property owner, or another company on site. Your right to pursue that claim does not depend on who signs your paycheck.
How Much Does Hiring a South Carolina Construction Accident Lawyer Cost?
Marcari, Russotto, Spencer & Balaban works on a contingency fee, so you pay nothing up front and owe no fee unless we recover compensation for you. A free case evaluation lets you go over your accident and find out whether you have a claim beyond workers’ compensation before you commit to anything.
Get a Free Case Evaluation From a South Carolina Construction Accident Lawyer
A construction accident can leave you with medical bills, lost income, and hard questions about who else is responsible while you are still recovering. A free case evaluation answers the question in front of you: do you have a claim beyond workers’ compensation?
Marcari, Russotto, Spencer & Balaban investigates construction accidents across South Carolina and looks into every contractor, subcontractor, and equipment company that may share fault. Waiting puts both the evidence and your filing deadline at risk.
Call 855-435-7247 or reach out through our contact form to get started. The evaluation costs you nothing, and it is the fastest way to find out whether a third-party claim could cover losses that workers’ compensation leaves behind.
Written By Donald Marcari
Don is the Senior Managing Partner at Marcari, Russotto, Spencer & Balaban. He gained national attention when his exploits as a defense attorney with the U.S. Navy JAG Corps became the basis for “A Few Good Men.”
Recent Resource Articles
Schedule a FREE Consultation Today!