Our attorneys know that although South Carolina workers’ compensation laws exist to ensure that if workers are injured on the job they are financially protected, the process of getting benefits can be complicated.
The unfortunate fact is that injuries can happen to anyone at any time. The day-to-day responsibilities of an employee may subject them to potential hazards of all kinds including traffic accidents, muscular strain, machinery accidents, slip-and-fall injuries, and many others.
Even workers in “safe” office jobs can suffer serious workplace injuries.
Ultimately, any activity that is undertaken by an employee in the interest of their employer and results in an injury likely should qualify for South Carolina workers’ comp benefits regardless of fault.
What If I Am Unable to Return to Work After a Work Injury?
In the case of a severe injury that prevents you from being able to return to work, you’ll need to structure your workers’ compensation claims benefits to cover you for the rest of your life, including all medical and personal expenses. Alternatively, you may also be entitled to compensation for job training services that will enable you to transition into a new career, allowing you to return to work despite your injury our law firm can help.
Common Causes of South Carolina Workplace Injuries
Some of the most common kinds of South Carolina workplace injuries our clients have experienced include:
Employees who are required to lift, carry, push, or pull heavy objects often develop musculoskeletal disorders like strains and sprains. The back, knees, and arms and legs are often affected, and overexertion injuries can be debilitating.
Employees who are involved in an accident while performing work duties may be eligible for workers’ compensation benefits.
Falls can result in brain injury, neck and spine injury, broken bones, and other severe injuries. While falls from an elevation (like construction ladders or scaffolding) are some of the most commonly recognized workplace falls, even a simple slip and fall on a floor mat, uneven carpet, or stairs could cause serious and lasting harm.
When workers are hit by moving objects like machinery or large equipment, they could suffer severe and possibly fatal injuries. Struck-by injuries are part of the Occupational Safety and Health Administration’s “Big Four” hazards on construction sites.
Workers in factories or on construction sites are often at the highest risk of crush injuries, especially if they work close to heavy machinery.
Employees who perform the same motions every day are at risk of developing repetitive stress injuries like carpal tunnel syndrome that can make it difficult or impossible to perform their duties.
Exposure to dangerous or toxic substances or chemicals could lead to lasting health problems for employees or could prove to be fatal.
“When I was hurt on the job and went weeks without income, my family and I was on the verge of losing it all. Thanks to the Stewart Law Offices my issues were quickly resolved. If you’re reading this I highly recommend you give them a call.”
- Ronnie Rich
How a Workers' CompAttorney Can Make a Difference for You
All employers (with narrow exceptions for a few industries) are required to carry insurance coverage that will compensate employees in the event of an injury sustained on the job. When a workers’ compensation claim is filed, the employer’s insurance company will investigate the claim and determine whether they believe the injury is covered by the policy.
South Carolina workers’ comp claims are often straightforward. That may be because the injury or accident occurred on company property, with company equipment or was witnessed by a third party that can affirm that the injury merits coverage.
When situations are murkier, however, it is essential that injured workers are represented by attorneys who understand workers’ compensation cases and the insurance company. The role of the South Carolina Workers’ Compensation Lawyers in a workers’ compensation case is to stand up for your rights and seek full benefits on your behalf from insurance companies.
What Benefits Are Available Through Workers’ Compensation?
If you were hurt in an accident on the job, your injuries and associated expenses may be covered by workers’ compensation. Call our injury compensation law firm to find out if you could be eligible to claim financial benefits.
Benefits Payments include:
Medical treatment, including reimbursement for mileage to visit the doctor or pick up prescriptions
Partial replacement of lost wages
Permanent disability
Physical impairment (including loss of limbs)
Disfigurement
In the most severe workplace accidents that result in death, workers’ comp benefits may provide surviving family members with death benefits.
How Long Do Workers’ Compensation Benefits Last in South Carolina?
Following your injury event, your employer’s workers ‘comp policy should pay you 66.67% of your average weekly pay up to a limit, according to the South Carolina Workers’ Compensation Commission.
If you sustain an injury that causes lasting impairment, a doctor will determine whether you may qualify to receive permanent disability benefits. If you’re an injured worker who has been permanently disabled, you will be assigned a disability rating or whole person impairment rating by the doctor. That personal impairment or disability rating will be used to determine the compensation you’re entitled to from the insurance company.
If your injury prevents you from ever working again, you could be eligible to receive disability benefits for the rest of your life. Phone our North Carolina and South Carolina workers’ comp law firm to find out more about becoming one of our clients. We have law offices in Columbia, Rock Hill, Spartanburg and Beaufort to help you.
How can a South Carolina Workers’ Comp Lawyer Help If Claim Is Denied?
If your workers’ comp claim is contested or denied by your employer’s insurance provider, you’ll want to immediately seek legal assistance. Your attorneys can draft and file a Form 50 with the Workers’ Compensation Commission. A Form 50 will include the following details: all parties involved in the injury accident, a description of the accident, the name and role of the individual to whom the accident was reported, the extent of the injury and the treatment it required.
Your employer’s insurance carrier will submit a Form 51. A form 51 details the accidental injury event from their perspective and makes a case for why the insurance claim is invalid.
Once they have heard from both parties involved in the claim, the Workers’ Compensation Commission will assign the matter to an individual Commissioner.
The Commissioner assigned to your case will review each submission and schedule a hearing.
South Carolina hearings are typically scheduled to take place within five months of the involvement of the Workers’ Compensation Commission. At the hearing, each side will present their case along with supporting evidence. The physician who treated your injury will likely provide a medical testimony – essentially their professional assessment of your injury at the time you were treated. Similarly, the insurance carrier will submit any records or evidence supporting their case.
Based on the reports and hearing, the Commissioner will make a legal ruling that outlines the benefits you are entitled to receive as a result of the injury. Either party can appeal this decision.
Appeals are subject to a joint-review that will be conducted by a panel of the Workers’ Compensation Commissioners in your jurisdiction. Following the order issued after this committee review, any additional appeals will be referred to the relevant Circuit Court, and then the state Court of Appeals.
What to Do If You’ve Been Hurt on the Job in South Carolina?
Your priority should always be your health and wellbeing. If your injury is serious, you need to seek emergency treatment immediately. You can report the injury to your employer once you are in a stable condition and out of immediate medical jeopardy.
If your injury is minor enough that it does not require immediate medical attention, you’ll need to report the injury to your employer before seeking medical treatment. That’s because your employer has the right to refer you to a medical professional of their choice for evaluation and treatment.
Choosing a doctor on your own without receiving your employer’s permission could absolve your employer of the responsibility to cover the medical costs associated with your evaluation and treatment.
If you experience an injury that seems minor, it is crucial that you still seek treatment and file a claim. An injury may seem insignificant at the time it occurs but may become complicated over time.
It’s also important to keep in mind that you will need to report any workers’ comp related injury to your employer within 90 days. If you do not report your injury within 90 days, you risk missing out on the benefits that you are entitled to.
We understand that you may have many more questions about Workers’ Compensation. Please remember to phone our attorneys. We are here to help. We have offices in Columbia, Rock Hill, Spartanburg and Beaufort to serve you.
Contact an Experienced South Carolina Workers’ Compensation Lawyer
The compassionate workers' comp lawyers at Stewart Law Offices are ready to help you seek the benefits you need if you’ve been hurt in an accident at work.
Our attorneys are proud to stand up for our friends and neighbors in the community, and we believe that all injured workers should get the benefits they need while they recuperate from their injuries.
Our phone consultations are always free, and if you are unable to come to our office to speak with us, we’ll arrange to meet you in your home or hospital room, if possible.
To schedule your free, no-obligation consultation with our workers’ compensation attorneys, call us, fill out a contact form, or chat with us online. We have offices in Columbia, Rock Hill, Spartanburg and Beaufort to help you.
