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South Carolina Workers' Compensation Lawyers

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, machinery accidents, muscle strain, repetitive use injuries, slip-and-fall injuries, and many others. Even workers’ in “safe” office jobs can suffer serious workplace injuries The process of getting benefits and proving your claim can be complicated. Having an attorney with the experience to help you file the necessary paperwork, prove your injury and maximize your benefit’s claim is vital to your health and your future. Our team of worker’s comp attorneys at Stewart Law Offices is committed to helping workers’ who have been injure don the job in South Carolina Let us help you..

Workers' Compensation Resources

Common Causes of South Carolina Workplace Injuries

Overexertion happens when you push yourself too hard while performing a job duty. This can be caused by carrying heavy objects, repetitive motions, lifting and throwing objects, poor posture, and much more. Overexertion injuries frequently keep victims out of work for extended periods of time.

Overexertion

If you have been involved in a car accident while on the job in South Carolina, you may be eligible to claim workers’ compensation benefits. Depending on the seriousness of your injuries, these benefits may include medical benefits, wage loss and disability benefits.

Vehicle accidents

When a slip or fall at work has resulted in an injury, you may be eligible to seek compensation from your employer. If your injury was directly work-related, or due to the negligence of your workplace, you may be able to seek benefits to recover any damages caused by the fall.

Falls

Being struck by an object at work can result in serious and long-term injuries. Some of these injuries may include medical treatments, physical therapy, and time away from work to heal.

Struck-by events

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Some of the leading causes
of workplace accidents include:

Transportation
accidents 1,740 deaths

Workplace violence
1,740 deaths

Contact with objects
717 deaths

Falls, slips and trips
699 deaths

Fires and explosions
148 deaths

Number and rate of nonfatal occupational injuries and illnesses in private
industry, United States and South Carolina, 2016

Number (in thousands)

Number (in thousands)

How a Workers’ Comp Attorney 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.

Our North Carolina and South Carolina Workers’ Comp Lawyers are prepared to help you navigate the complex workers’ comp claims process and insurance companies. Phone our workers’ compensation law firm now for answers.

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.

When speaking with a work accident law firm two terms come up a lot in workers’ comp injury cases: Permanent Total Disability and Permanent Partial Disability.

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.

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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.

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Workers’ Comp FAQs

Who is responsible for providing workers’ compensation benefits?

In South Carolina, the employer is responsible for providing workers’ compensation coverage for employees. In South Carolina, all employers with four or more employees must provide coverage, and part-time workers' are counted as employees. This includes non-profit organizations.

What injuries and illnesses are covered by workers’ compensation?

Workers’ compensation insurance covers injuries that occur on the job or while the worker is performing a work-related task. Illnesses that result from work-related activities are referred to as occupational diseases. These are also covered under workers’ compensation insurance.

What if I was injured while volunteering?

Unfortunately, volunteers are not typically covered under workers’ compensation insurance, although a volunteer who was injured as a result of an employer’s negligence may have the right to file a civil lawsuit against the company.

Who is eligible for workers’ compensation benefits?

Both full- and part-time employees count as employees for workers’ compensation purposes. Only employees are covered under workers’ compensation, not independent contractors. General contractors are also required to carry workers’ compensation insurance.

Am I eligible even if my work injury was my own fault?

Whether or not you will be covered for a motor vehicle accident is dependent upon your situation. If you were “on the clock” at the time of your accident and driving was part of your job duties, then yes, you should be covered. However, the “going and coming rule” holds that workers’ compensation benefits generally do not apply to workers' who are injured while commuting to or from work or work functions.

How long do I have to file a workers’ comp claim in South Carolina?

It’s important that you act quickly to initiate the claims process. In South Carolina, you have 90 days to provide your employer with notice of the injury, and two years to file your actual claim for benefits.