How to Write a Sample Letter to Your Workers' Compensation Carrier About a Third‑Party Lawsuit in South Carolina

Why a Letter to the Carrier Matters

When an employee files a workers' compensation claim and a third‑party lawsuit arises, the insurer needs formal notice. A well‑crafted letter protects your rights, ensures proper coordination between the carrier and any third‑party defendant, and helps avoid claim delays.

Key Elements Every Letter Should Include

Below is the essential information to include, in the order it should appear.

• Header with your contact information and the carrier's details
• Reference number for the workers' compensation claim
• Clear statement of the third‑party lawsuit
• Facts of the incident and how the third party is involved
• Requested actions from the carrier
• Attachments list
• Signature block

Step‑by‑Step Sample Letter

Use this template as a starting point. Replace bracketed text with your specific details.

[Your Company Letterhead]

Date: [Month Day, Year]

To:[Carrier Name][Claims Department Address][City, SC ZIP]

Re: Workers' Compensation Claim #______ – Notice of Third‑Party Litigation

Dear Claims Adjuster,

We are writing to inform you that a third‑party lawsuit has been filed concerning the injury of our employee, [Employee Name], who is covered under the above‑referenced workers' compensation claim.

Incident Summary

On [Date of Accident], [Employee Name] suffered a [nature of injury] while performing duties at [worksite location]. The injury was reported to our office on [Report Date] and a claim was opened with your company on [Claim Opening Date].

Third‑Party Involvement

Subsequent investigation has identified [Third‑Party Name] (e.g., a equipment manufacturer, subcontractor, or property owner) as potentially liable for the injury. On [Date of Lawsuit Filing], a complaint was filed in the [Name of Court, e.g., South Carolina Court of Appeals] (Case No. [Case Number]) asserting that the third party's negligence contributed to the injury.

Requested Coordination

We request that your office:

• Recognize the third‑party claim and preserve all related claim files.
• Provide us with a copy of any correspondence you have received from the third‑party insurer.
• Cooperate with any subrogation efforts you may undertake.

Attachments

Enclosed are copies of:

• The original workers' compensation claim packet.
• The third‑party complaint and summons.
• Medical reports dated [Dates].

Please confirm receipt of this notice and advise us of any additional information you require.

Sincerely,

[Your Name][Your Title][Company Name][Phone Number][Email Address]

Legal Context in South Carolina

South Carolina law (S.C. Code Ann. § 42‑1‑40) requires claimants and employers to notify the workers' compensation carrier of any third‑party action that may affect the claim. Failure to do so can jeopardize subrogation rights and may lead to claim disputes.

Common Mistakes to Avoid

• Omitting the claim number: The carrier may not be able to locate the file.
• Leaving out dates: Precise dates help the carrier track deadlines.
• Skipping attachment list: Without a clear list, documents can be misplaced.
• Using vague language: Be specific about the third party's role.

Frequently Asked Questions

Do I need an attorney to draft this letter?

Not necessarily, but consulting one ensures legal accuracy, especially if liability issues are complex.

What if the carrier refuses to cooperate?

Document all communications and consider filing a formal grievance with the South Carolina Workers' Compensation Commission.

Sample Table: Timeline of Notice Requirements

Final Checklist Before Sending

• Confirm all bracketed placeholders are filled.
• Attach all referenced documents.
• Send via certified mail or a trackable email method.
• Retain a copy of the letter and proof of delivery.