Spartanburg Workers' Compensation Lawyer
Anyone who works is at risk of suffering a workplace injury. The injuries workplace accidents cause can be devastating, requiring expensive medical care while leaving an injured worker unable to earn a living. Fortunately, help is at hand, as working with a Spartanburg workplace accident lawyer can give you the support and advocacy you need to seek the full and fair compensation you deserve for your on-the-job injury. Contact Stewart Law Offices for a free consultation to learn how we can help.
How Can a Workers’ Compensation Lawyer in Spartanburg, South Carolina Help?
One of the biggest challenges injured workers face when seeking workers’ compensation coverage or filing a third-party personal injury claim is the confusing and frustrating bureaucratic process. The claims process is even more overwhelming when you are still recovering from the pain and limitations of your workplace injury. A seasoned attorney can work to maximize your financial compensation and minimize your stress in your personal injury or workers’ compensation case in the following ways:
- Investigating your case to establish how the accident happened
- Providing you with legal guidance throughout the process
- Assembling the necessary evidence and documents to support your claim
- Filing your application for full benefits with your employer’s insurance carrier in a timely manner
- Handling communication with the insurance company
- Reviewing your claim to determine all of the benefits you are entitled to
- Negotiating for a fair settlement
- Determining whether you might also be eligible to pursue additional compensation via a personal injury case
A South Carolina workers’ compensation attorney can also help if your initial claim is denied. They can review your application to determine what went wrong. An experienced Spartanburg workers’ compensation attorney can also prepare your case for appeal and represent you at any hearings.
The knowledgeable and skilled workers’ comp lawyers at Stewart Law Offices have as much as 25 years of experience fighting for the rights of injured South Carolinians. With millions of dollars in verdicts and settlements on behalf of our clients, our team’s results speak for themselves.* We are ready to fight for what you deserve.
How Does Workers’ Comp Work in South Carolina?
South Carolina law requires nearly all businesses with four or more employees to carry workers’ compensation insurance. Employees who suffer an injury during their work duties are eligible for medical, wage replacement, and certain other benefits. In exchange for these no-fault benefits, employers are protected from most negligence-based lawsuits.
What Types of Injuries Does Workers’ Compensation Cover in South Carolina
In South Carolina, workers’ compensation covers a wide range of injuries and occupational illnesses that occur during the course and scope of employment. Some common examples include:
- Traumatic injuries like broken bones, burns, and lacerations
- Repetitive motion injuries like carpal tunnel syndrome
- Occupational diseases like mesothelioma from asbestos exposure
- Hearing loss from excessive workplace noise
- Back and neck injuries from lifting or falls
- Injuries workers sustain in car accidents
- Occupational respiratory illnesses like silicosis
Consult a knowledgeable South Carolina workers’ compensation attorney to determine whether your injury qualifies for workers’ comp.
When Can a Third Party Be Sued for a Workplace Accident?
While workers’ compensation provides benefits regardless of fault, there are situations where an injured worker may be able to file a separate personal injury lawsuit in Spartanburg against a liable third party. You may have grounds to pursue such a claim if:
- The accident was caused by someone other than your employer or coworker, like a delivery driver, vendor, or property owner.
- A defective product caused your workplace injury.
- Your injuries were caused by toxic exposure from a third party’s negligence.
These third-party lawsuits allow injured workers to recover additional compensation beyond what workers’ comp provides. For example, workers’ compensation does not offer coverage for non-economic losses such as pain and suffering, emotional distress, or loss of enjoyment of life, but personal injury claims do.
Damages Recoverable in Workplace Accidents
The compensation available for your workplace injury will depend on whether you are filing for workers’ compensation or a third-party personal injury claim.
A successful workers’ comp claim can provide you with the following benefits.
Medical Benefits
Workers’ compensation insurance pays for all reasonable and necessary medical expenses related to treating your work-related injury or illness. This includes doctor visits, hospital stays, surgery, prescription medications, medical devices, physical therapy, and other medical bills you incur for your treatment. You will not be responsible for any deductibles or co-pays.
Wage Replacement Benefits
If your work injury causes you to miss more than seven consecutive days on the job, you may be eligible for the following wage benefits:
- Temporary Total Disability – If you are completely unable to work, you can receive two-thirds (66.67%) of your average weekly wage, tax-free, until you can return to some form of work. These are subject to a state-mandated cap.
- Temporary Partial Disability – If you are able to work but earn less due to restrictions, you can receive two-thirds of the difference between your pre-injury and current weekly earnings, subject to the cap.
- Permanent Partial Disability – For the permanent impairment or loss of use of a body part, you receive a lump sum or weekly payment based on a state-approved schedule.
- Permanent Total Disability – If you are totally and permanently unable to work, you can receive two-thirds of your average weekly wages for the remainder of your life, subject to the state cap.
Disability Lump Sum Settlement
Once you’ve reached maximum medical improvement (the point at which your condition will not meaningfully improve with additional treatment), you can negotiate a lump-sum settlement.
Vocational Rehabilitation
If you cannot return to your previous job, workers’ compensation benefits may cover retraining for a new suitable occupation.
Death Benefits
If the workplace accident results in death, compensation is provided to the worker’s dependents and to cover burial costs.
Personal Injury Damages
An injured employee may recover additional economic damages, such as medical expenses, lost wages, and future lost earnings, and non-economic damages, such as pain and suffering, loss of enjoyment of life, and emotional distress. Our workplace injuries lawyers can seek compensation for all of your accident-related damages.
Contact Our Workplace Accident Lawyers for a Free Consultation
Suffering a workplace injury in South Carolina can be a life-altering event. While recovering compensation can feel like an uphill battle, a Spartanburg workplace accident attorney can compassionately guide you through the legal process. Contact Stewart Law Firm today for a free consultation with a South Carolina workers’ compensation lawyer, and let’s start fighting for the benefits you deserve.