Rock Hill Workers' Compensation Lawyers

Did you suffer an injury on the job? If so, you might have the right to recover workers’ compensation benefits to help pay your medical bills and make up a portion of your lost wages. Consider calling the workers’ compensation lawyers of Stewart Law Offices to schedule a free consultation.

Our knowledgeable lawyers can explain your legal rights and help you seek benefits. We know that your recovery and supporting your family are what is most important to you, so we’re here to help you through the often-challenging claims process.

Many employees rightfully believe that they are entitled to benefits when they suffer a workplace injury, but challenges often arise when workers are required to prove the severity of their injuries or possibly face questions about whether an injury was sustained in the workplace. You should not lose hope when complications arise during the workers’ compensation claims process. Legal help is available.

Do I Need a Workers’ Compensation Lawyer?

Many people who attempt to handle their own claims deal with significant delays caused by the failure to include necessary medical records or complete forms properly. You could benefit from working with our workers’ comp attorneys as soon as possible after an on-the-job injury to help avoid those issues.

If your employer does not report your accident or denies that your injury was caused by an accident on the job, or if you believe you are not receiving proper benefits, you may need to request a hearing. You will also want a lawyer to represent you at any hearing held to resolve disputes between you and your employer or their representative.

Certain types of injuries can be more challenging to address to allow for the receipt of proper benefits. Our workers’ comp attorneys know the best kinds of evidence to use to support claims for those injuries.

Another reason to involve a lawyer concerns the possibility that a third party could be liable for your injuries. A non-employee third-party claim could provide for compensation in addition to workers’ compensation benefits through a personal injury claim.

Some employees may be offered lump-sum settlements to resolve their cases when insurance companies do not want to pay benefits over a period of several years. You should have our Rock Hill worker’s comp attorneys help negotiate for a fair and full settlement to your case.

How Our Workers’ Comp Law Firm Can Help after a Workplace Accident

Stewart Law Offices is prepared to thoroughly investigate your accident to determine exactly how it happened, how badly you were hurt, and how much compensation you are entitled to.

Some people are very hesitant to file workers’ compensation claims for fears of possible termination for collecting these benefits, but state law provides protections against retaliatory discharge that we can discuss with you. We can help safeguard your rights every step of the way.

Our Workers’ Compensation Results

We’re proud of our track record on behalf of our clients in workers’ compensation cases, and our results speak for themselves. Some of our recent relevant results include:*

• $1,100,000 on behalf of a client who was injured because of chemical exposure
• $1,015,000 on behalf of a client who was injured by chemical exposure
• $370,000 in workers’ compensation on behalf of a client injured at work
• $290,000 in workers’ compensation on behalf of a client injured at work
• $275,000 in workers’ compensation on behalf of a client injured at work
• $260,000 in workers’ compensation on behalf of a client injured at work

While we can’t promise a specific amount in your case, you can trust us to use all our resources to fight on your behalf for the maximum benefits you qualify for. The sooner you contact our office, the more we can do to help you. We’ll guide you through the workers’ compensation claims process and pursue the benefits you’re entitled to by law.

Do I Qualify for Workers’ Compensation in Rock Hill?

If you work for a business with four or more employees, your employer must have workers’ compensation insurance, according to the South Carolina Workers’ Compensation Commission. Employees are covered whether they work full-time or part-time. Even family members who work for the business count toward the employee total. If they suffer workplace accidents, they’re entitled to file workers’ compensation claims.

Workers’ compensation covers most types of jobs, but some exceptions exist. For example, South Carolina’s workers’ compensation laws do not cover agricultural workers, federal employees, and railroad workers. Some small businesses that employ fewer than four people or have a payroll of less than $3,000 are exempt from the workers’ compensation insurance requirement.

The situation is a little more complicated for independent contractors. The key difference between an employee and an independent contractor is control. If your employer controls when and how you do your work, you’re probably considered an employee under state law and qualify for workers’ compensation. However, independent contractors who have more control over their work may not qualify. For example, if you supply your own tools, set your own schedule, and are paid by the job rather than hourly, you might be classified as an independent contractor.

If you’re unsure of your status, it’s a good idea to ask a lawyer. Employers sometimes misclassify employees as contractors to save money on their workers’ compensation insurance. This can happen accidentally, but some employers do it purposefully to save money.

Usually, any injury you sustain at work or while performing a job-related task qualifies you for workers’ compensation benefits if you are an eligible employee and report your accident within 90 days. However, some exceptions include:

• Injuries sustained during your commute to or from your home
• Intentional injuries
• Injuries sustained while you were intoxicated on the job

Ask a lawyer if you have questions about whether your injury entitles you to workers’ comp benefits.

Types of Workers’ Compensation Benefits

The type and amount of your workers’ compensation benefits depend on the severity of your injuries, how long your injuries are expected to last, your pre-injury income, and other factors. Here’s a breakdown of the types of benefits you may qualify for, how long they last, and what they cover.

Medical Benefits

One of the primary benefits workers’ compensation provides is medical care. These benefits cover the full cost of all reasonable, medically necessary treatments related to your injury. This includes doctor’s visits, hospital stays, surgeries, physical therapy, medications, and travel expenses to and from medical appointments.

It’s important to note that your employer chooses the doctor you must see for your treatment. If you seek treatment from a doctor your employer does not approve, they might not cover your expenses.

If your injury requires ongoing medical care, workers’ compensation continues to pay for the necessary treatments until your doctor declares that you’ve reached maximum medical improvement (MMI). MMI means that your condition has stabilized, and no further improvement is expected.

Wage Loss Benefits

If your injury prevents you from working, you may qualify for wage loss benefits. These benefits replace a portion of your lost wages while you recover. The amount you receive is typically two-thirds of your average weekly wage but cannot exceed the state’s maximum weekly compensation rate.

In South Carolina, disability benefits are available in the following forms:

• Temporary Total Disability (TTD): You can receive TTD benefits if your injury fully prevents you from working. These benefits begin after you’ve been out of work for seven days and continue as long as your doctor says you cannot return to work, up to 500 weeks.
• Temporary Partial Disability (TPD): If you can return to work but at a reduced capacity (such as fewer hours or lighter duties), you may receive TPD benefits. These benefits help make up the difference between your pre-injury wages and the reduced wages you’re earning while working with restrictions.
• Permanent Total Disability (PTD): If your injury results in the total loss of use of both hands, arms, feet, legs, eyes, or any combination of two of these, you are considered permanently and totally disabled. In this case, you may receive wage loss benefits for up to 500 weeks. If your injury leaves you with paraplegia or quadriplegia or causes brain damage, you qualify for benefits for the rest of your life. Disability benefits are among the most commonly disputed types of awards because many employers will argue that a worker’s injuries are not as disabling as claimed.
• Permanent Partial Disability (PPD): If you can return to work but your body has sustained some permanent impairment due to the work injury, you qualify for PPD benefits. The compensation you receive depends on which part of your body is injured and the extent of your impairment.

A seven-day waiting period applies to workers’ compensation benefits, but claimants are compensated for the seven days if they are out of work for more than 14 days. The employer’s insurance representative should make payments directly to you until the doctor releases you to return to work.

Workers’ compensation ends when a doctor releases you to return to work with or without restrictions. You are required to accept light work if it is ordered, but you have the right to a hearing if you believe you cannot do the work assigned to you.

Mileage and Travel Reimbursement

If you need to travel more than 15 miles one way for medical appointments related to your workers’ compensation claim, you can receive compensation for your travel expenses. The current mileage reimbursement rate in South Carolina is 65.5 cents per mile. This covers trips to and from the doctor’s office, physical therapy, and other necessary medical appointments.

Death Benefits

If an injured worker dies due to a job-related injury in South Carolina, their dependents may qualify for death benefits through workers’ compensation. The death benefits include a weekly payment equal to two-thirds of the worker’s average weekly wage, but the amount is subject to the state’s maximum compensation rate.

Dependents, such as a surviving spouse or children, can receive these payments for up to 500 weeks. The benefits may continue beyond this period if certain conditions apply. For instance, a dependent child who is physically or mentally incapable of self-support may continue receiving benefits beyond the 500-week limit.

Additionally, workers’ compensation covers burial expenses of up to $12,000.

Tips for Obtaining Workers’ Compensation Benefits Successfully

Different kinds of workplace accidents involve different procedures. Some employers have specifically planned for how employees should respond to accidents and document the incidents.

In general, any person who has been involved in an accident in the workplace should be sure to take certain steps immediately after the accident:

• Get Emergency Medical Treatment — Always receive medical care, regardless of whether you believe you were hurt at first. The costs should be covered by the employer when you receive care from the employer’s chosen medical care provider. You have the right to see your own personal physician, but you may have to do so at your own expense.
• Report the Accident — An employee involved in a workplace accident generally must file a report with their employer as soon as possible (within 90 days of the accident) if they are to receive benefits. Put the report in writing so a copy can be kept for your records.
• Collect Evidence — Use your cell phone to take pictures of the accident scene. Take photographs of everything relating to the accident and try to get multiple views. If any co-workers witnessed your accident, be sure that you have their names and phone numbers.
• File the Proper Forms — In addition to a First Report of Injury (WCC Form 12-A), you might also be required to file a Form 50 or Form 52. The employer then has forms they are responsible for submitting to the insurer and the WCC.
• Contact a Lawyer — Seek legal representation from Stewart Law Offices as soon as possible after a workplace accident. Contacting our attorneys will allow for a proper independent investigation of the accident and analysis of all potentially responsible third parties.

In South Carolina, there is a two-year statute of limitations on claims for workers’ compensation benefits. Except in very rare circumstances, courts will refuse to hear any claims filed after this time period has expired.

How Long Do I Have to File for Workers’ Compensation?

South Carolina state law gives an injured worker two years to file a workers’ compensation claim. Not all injuries are immediately apparent. For example, repetitive trauma injuries such as carpal tunnel syndrome can take several months or years to develop.

Repetitive trauma injuries create very real limitations but are often contested claims. It is important to understand that a person has two years from the date that they knew or should have known they suffered a repetitive trauma injury to file a legal claim. Some insurers may attempt to have these claims dismissed because of time limits.

Common On-the-Job Injuries in Rock Hill

Examples of injuries employees may suffer on the job include:

Appealing a Denied Claim in Rock Hill

If your initial workers’ compensation claim was denied, you should know that you still have options. Claimants frequently appeal any unfavorable decision to a higher authority.

When you are denied benefits, the initial appeal will be heard by a single workers’ compensation commissioner. A subsequent appeal is handled by the full commission.

Any further action would involve filing a lawsuit within 30 days of receiving notice of the decision. The next step would be an appeal to the South Carolina Court of Appeals. The court of last resort for appeal is the South Carolina Supreme Court, which hears only select cases.

If you sustained a serious workplace injury or your loved one was killed on the job in South Carolina, make sure that you act quickly to protect your legal rights. Our lawyers can help you successfully navigate the complicated workers’ compensation process.

Can I File a Personal Injury Claim?

Our workers’ comp law firm can determine whether a non-employer third party could be held liable after thoroughly investigating your claim. Third-party negligence becomes important because those parties are not subject to the same protection from civil actions afforded to employers with workers’ compensation insurance. Additionally, you could recover compensation for pain and suffering and other damages you are not eligible to receive with a workers’ compensation claim.

A negligent third party may include a person who is not a co-worker but acted negligently, such as the driver of a motor vehicle. In other cases, accidents are caused by defective machinery, and a maintenance company or manufacturer could be responsible.

Call a Rock Hill Worker’s Compensation Attorney Today!

Stewart Law Offices has been helping people injured on the job throughout South Carolina since 1995. Our experienced workers’ comp lawyers in Rock Hill, South Carolina are ready to help you seek the benefits you need if you’ve been hurt in a workplace accident. To schedule your free, no-obligation consultation with our workers’ compensation law firm, call us, fill out a contact form, or chat with us online.