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April 2014 Archives

Third Party Liability in Workers Comp

The widow of a man who died from a swan attack In Illinois filed a wrongful death lawsuit against her husband's employer and the condo complex where he cared for the swans. He was attacked and drown after fell from his kayak in April 2012 while he was caring to the swans. The lawsuit says the defendants "knew or should have known that mute swans are strongly territorial with a dangerous propensity to attack." The lawsuit was filed in Cook County Court in Illinois.
If this had occurred in South Carolina, the widow would most likely be limited to a workers compensation claim only under our laws. Normally, workers compensation is the only legal recovery for an employee or his estate against his employer. Consulting with an attorney can help you determine what claims can be made against who. If someone other than the employer is liable for the accident, then that party can be sued while the workers compensation is going on, but specific laws and rules must be followed to preserve all your rights.

Smith & Griffith, LLP
1102 North Main Street
Anderson, SC 29621

Phone: 864-261-1571 (Personal injury)
Phone: 864-261-1912 (Workers' compensation)
Fax: 864-222-2257
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