Lexington Workers' Compensation Lawyer

Suffering an injury at work can turn your life upside down. One moment you’re earning a paycheck and supporting your family, and the next, you may be facing hospital bills, time away from work, and uncertainty about how to move forward. Workers’ compensation benefits are designed to protect injured employees, but actually securing those benefits is not always easy.

If you were hurt on the job in Lexington, South Carolina, you don’t have to fight alone. The experienced Lexington workers’ compensation lawyers at Stewart Law Offices can guide you through the claims process, fight back against insurance denials, and ensure you receive the benefits you deserve.

Do I Need a Workers’ Compensation Attorney in Lexington?

While some claims may seem straightforward, many injured workers quickly discover how complex the process can be. Employers may dispute the cause of your injury, delay reporting, or offer settlements that fall short of your actual needs. Insurance companies often look for ways to minimize payouts or deny claims altogether.

A Lexington workers’ compensation lawyer from Stewart Law Offices can:

• Ensure all required forms are completed accurately and submitted on time
• Represent you in hearings before the WCC
• Negotiate fair settlements that account for long-term medical and financial needs
• Identify potential third-party claims for additional compensation
• Protect you from retaliation or wrongful termination related to your claim

We know the tactics employers and insurers use, and we know how to fight back.

Common Workplace Industries in Lexington County

Lexington County’s diverse economy creates various workplace injury risks across multiple industries:

Healthcare & Medical

Lexington Medical Center, nursing homes, and medical offices are where workers face risks from patient handling, needle sticks, and exposure to infectious diseases.

Manufacturing & Industrial

Chemical plants, textile facilities, and manufacturing operations along the I-20 corridor, where workers face machinery accidents and exposure hazards.

Education & Government

School districts, county government, and municipal employees who may suffer injuries from workplace violence, slips and falls, or repetitive stress.

Retail & Service Industries

From major shopping centers like Lexington Commons to local restaurants and service businesses, retail workers face risks, including:

• Slip and fall accidents on wet floors
• Lifting injuries from stocking merchandise
• Cuts and burns in food service
• Workplace violence and theft-related injuries

Construction & Utilities

With Lexington County’s ongoing development, construction, and utility workers face significant injury risks:

• Falls from heights and scaffolding
• Electrical injuries and burns
• Equipment and machinery accidents
• Exposure to hazardous materials

Common Workplace Injuries in Lexington

Work-related injuries can happen in any profession. Some of the most common injuries we see in Lexington workers’ compensation cases include:

• Back and spinal injuries from heavy lifting or falls.
  
• Fractures and broken bones caused by machinery or vehicle accidents.
  
• Repetitive strain injuries like carpal tunnel syndrome.
  
• Burns and electrical injuries in industrial and trade jobs.
  
• Head and traumatic brain injuries (TBI) from falls or equipment accidents.
  
• Occupational illnesses from chemical exposure or unsafe conditions.

Whether your injury developed suddenly in an accident or over time due to repetitive stress, you may be eligible for benefits.

Understanding Worker’s Compensation in South Carolina

South Carolina’s Workers’ Compensation Act is designed to provide injured employees with medical care and wage replacement benefits while protecting employers from most personal injury lawsuits. The system, however, can be complex, and insurance carriers may contest or minimize claims.

Your Rights Under South Carolina Law

As an injured worker in Lexington County, you have the right to:

• Receive medical treatment for your work-related injury.
  
• Collect wage replacement at 66⅔ % of your average weekly wage, subject to the 2025 cap of $1,134.43 per week (WCC Advisory Notice 2025)..
  
• Pursue benefits for permanent disabilities.
  
• Retain legal representation to ensure these benefits are properly provided.

What If Your Injury Leaves You Permanently Disabled?

Some workplace injuries cause lasting impairments that prevent a return to work. The Workers’ Compensation Commission applies a statutory schedule to determine benefits based on your impairment rating.

• Back injury: Up to 49% loss = 300 weeks; 50% or more = 500 weeks, with a presumption of total disability.
• Other qualifying injuries: Loss of both hands, arms, feet, legs, or eyes also results in 500 weeks of compensation.

Appealing a Workers’ Compensation Denial in Lexington, SC

If your claim is denied, you can request a hearing before the South Carolina Workers’ Compensation Commission, located in Columbia (WCC Hearings). A Commissioner will review the evidence and decide if benefits should be awarded. Further appeals may be taken to the Circuit Court, Court of Appeals, and Supreme Court.

An experienced workers’ compensation attorney can help present evidence, challenge unfavorable impairment ratings, and pursue the full benefits you are entitled to under South Carolina law.

Worker’s Compensation Benefits Available

South Carolina’s workers’ compensation system provides several types of benefits to injured workers. Understanding what you’re entitled to receive is crucial for ensuring you get the full compensation you deserve.

Medical Benefits

Complete coverage for all reasonable and necessary medical treatment related to your work injury, including doctor visits, hospital stays, surgery, medication, physical therapy, and medical equipment. You have the right to choose your treating physician after the first visit.

Temporary Disability Benefits

If you’re unable to work due to your injury, you’re entitled to receive 66⅔ % of your average weekly wage, up to the state maximum. These benefits continue until you can return to work or reach maximum medical improvement.

Permanent Disability Benefits

If your injury results in permanent impairment, you may be entitled to compensation based on your disability rating and its impact on your earning capacity. This can include both scheduled loss benefits and wage loss benefits.

Vocational Rehabilitation

If you cannot return to your previous job due to your injury, you may be entitled to vocational retraining and job placement services to help you find suitable alternative employment.

Death Benefits

In cases of fatal workplace injuries, surviving family members may be entitled to death benefits, including burial expenses and ongoing support for dependents.

Common Challenges in Workers’ Compensation Claims

While South Carolina law provides protections for injured workers, insurance companies and employers often use various tactics to deny, delay, or minimize legitimate claims. Our experienced attorneys are familiar with these challenges and know how to overcome them.

Insurance Company Tactics to Avoid

Insurance companies may try to have you examined by their chosen doctors, pressure you to return to work before you’re ready, or offer quick settlements that are far less than your claim is worth. Never accept a settlement or sign documents without having them reviewed by an experienced workers’ compensation attorney.

Claim Denials and Disputes

• Disputes over whether the injury occurred at work
• Arguments that the injury was pre-existing
• Challenges to the extent of disability
• Disagreements over medical treatment necessity
• Employer retaliation for filing claims

Medical Treatment Issues

• Delays in authorizing necessary treatment
• Disputes over the choice of treating physician
• Disagreements over treatment recommendations
• Insurance company medical examinations
• Termination of medical benefits

The Importance of Immediate Action

South Carolina law requires that workplace injuries be reported to your employer within 90 days of the accident or within 90 days of when you knew or should have known the injury was work-related. Formal claims must be filed within two years. However, the sooner you act, the better we can protect your rights and preserve crucial evidence.

Steps to Take After a Workplace Injury

Taking the right steps immediately after a workplace injury can make a significant difference in the success of your workers’ compensation claim. Here’s what you should do to protect your rights:

Seek Immediate Medical Attention

Get medical treatment right away, even if your injury seems minor. Some injuries worsen over time, and having immediate medical documentation is crucial for your claim. Tell the medical provider that your injury is work-related.

Report the Injury to Your Employer

Notify your supervisor or HR department immediately about your injury. Make sure the report is documented in writing and get a copy for your records. Be factual about how the injury occurred without speculating about fault.

Document Everything

Keep detailed records of your injury, medical treatment, lost time from work, and all communications with your employer and insurance company. Take photos of the accident scene and any equipment involved if possible.

Gather Witness Information

If anyone witnessed your accident, get their contact information and written statements if possible. Witness testimony can be crucial in disputed claims where the employer questions whether the injury occurred at work.

Contact an Attorney

Speak with an experienced workers’ compensation lawyer as soon as possible. Insurance companies often contact injured workers quickly to obtain statements or settlements that may not be in their best interest.

Critical Mistakes to Avoid

• Don’t delay reporting: Late reporting can be used to deny your claim
• Don’t give recorded statements: Without legal advice, these can be used against you
• Don’t return to work too soon: This could worsen your injury and complicate your claim
• Don’t accept the first settlement offer: Initial offers are often much lower than your claim’s true value
• Don’t sign unfamiliar documents: Have all paperwork reviewed by an attorney first

Visit Our Workers’ Compensation Attorneys in Lexington, SC

Our team is ready to help you in person. Use the map below to find our convenient Lexington location.

Contact a Lexington Workers’ Compensation Lawyer Today

If you’ve been injured at work, don’t let an insurance company decide your future. The Lexington workers’ compensation lawyers at Stewart Law Offices are here to fight for the benefits you deserve.

Frequently Asked Questions About Lexington Worker’s Compensation