A work injury can be devastating, especially if you have people who rely on you. If you’ve suffered a work-related injury, a Charleston personal injury lawyer can help you seek benefits.
If you’ve been injured on the job in South Carolina, you may be entitled to workers’ compensation benefits. However, navigating the claims process can be confusing and frustrating, especially while recovering from an injury.
The Thumbs Up Guys at Miller, Dawson, Sigal & Ward have recovered millions of dollars for our clients. If you’ve been injured at work, a Charleston workers’ compensation lawyer can help you secure the benefits you deserve.
Do I Need a Charleston Workers’ Compensation Attorney?
While legal representation is not required to file for workers’ compensation in South Carolina, it can make a big difference, especially if your injury is serious or your claim is disputed. Specifically, an attorney can:
- Ensure your paperwork is complete and submitted on time
- Help you gather medical evidence and documentation
- Negotiate a fair settlement
- Represent you in hearings or appeals
A Charleston workers’ compensation attorney can protect your rights and increase your chances of a favorable outcome.
For a free legal consultation with a workers' compensation lawyer serving Charleston, call (843) 380-8350
How Much Does It Cost to Hire a Workers’ Comp Lawyer in Charleston?
The Thumbs Up Guys work on a contingency fee basis, which means you don’t pay any upfront fees. Instead, your attorney will receive a prearranged percentage of your settlement or award as their fee. You can discuss this percentage at your initial consultation.
Charleston Workers' Compensation Lawyer Near Me (843) 380-8350
Who Is Eligible for Workers’ Compensation in SC?
Under South Carolina law, most employers with four or more employees are required to carry workers’ compensation insurance. You’re generally eligible for benefits if you:
- Are an employee (not an independent contractor)
- Suffered an injury or illness that arose out of and in the course of employment
- Reported the injury within the appropriate time frame
Part-time employees, seasonal workers, and even some undocumented workers may be covered, depending on the circumstances. However, you may not be eligible if your injury was caused by intoxication, horseplay, or willful misconduct.
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Types of Workers’ Comp Benefits in South Carolina
If your workers’ comp claim is approved, you may be eligible for several types of benefits, including:
- Medical expenses: These benefits cover all necessary medical treatment related to your work injury, including doctor visits, hospital stays, surgeries, prescription medications, and rehabilitation services.
- Temporary total disability (TTD): You can receive partial wage replacement if you are completely unable to work for a temporary period due to your injury.
- Temporary partial disability (TPD): You can receive compensation if you return to work at reduced hours or in a lower-paying position and earn less as a result of your injury.
- Permanent partial disability (PPD): You can receive a lump sum or scheduled payment if your injury results in the permanent loss or impairment of a specific body part or function.
- Permanent total disability (PTD): You can receive long-term wage replacement benefits if you are permanently unable to return to any kind of gainful employment.
- Death benefits: Surviving dependents can receive compensation if a worker dies as a result of a job-related injury or illness, including funeral expenses and a portion of the worker’s lost wages.
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How to File for Workers’ Comp in South Carolina
To file for workers’ comp in South Carolina, you must complete these steps:
- Report your injury: Notify your employer within 90 days of the injury or onset of the work-related illness.
- Get medical treatment: Your employer will typically direct you to an approved doctor.
- File a claim: If your employer doesn’t report the injury to the insurance company or disputes your claim, you can file Form 50 (or Form 52 if filing for a death benefit) with the South Carolina Workers’ Compensation Commission.
- Attend hearings (if necessary): If your claim is denied or disputed, your lawyer can request a hearing before a Commissioner.
A workers’ compensation lawyer in Charleston can guide you through this process.
How Long Do I Have to File a Workers’ Compensation Claim in SC?
While you must report your injury to your employer within 90 days, you have up to two years from the date of the injury (or from the date you discovered a work-related illness) to formally file a workers’ compensation claim in South Carolina.
Missing these deadlines can result in a loss of benefits, so it’s crucial to work with a workers’ comp lawyer to meet them.
Common Challenges When Filing a Claim
Even if you follow the proper procedures, several issues can arise during the claims process, including:
- Your claim is denied due to a lack of evidence or disputes over whether the injury was work-related.
- The insurance company delays payment or underpays your benefits.
- Your employer argues you weren’t “on the job” when the injury occurred.
- You’re sent to a biased doctor who downplays your condition.
A work injury lawyer in Charleston can help you overcome these hurdles.
Can I Sue My Employer?
In most cases, you cannot sue your employer for a work injury in South Carolina. Workers’ compensation is a no-fault system, which means you can receive benefits without having to prove your employer was negligent. In exchange, you give up the right to sue them for damages.
However, if your employer doesn’t carry workers’ compensation insurance or if they intentionally caused your injury, you may be able to file a personal injury lawsuit. In addition, if a third party is responsible for your injury, you may be able to sue them.
A Charleston workers’ comp attorney can help determine whether a lawsuit is the best option for you.
Common Causes of Work Injuries
Job injuries can result from a wide range of hazards. Common causes include:
- Slips, trips, and falls
- Overexertion from lifting or carrying heavy objects
- Repetitive motion or strain
- Falls from ladders, scaffolding, or elevated surfaces
- Being struck by falling tools, materials, or equipment
- Getting caught in or between machinery
- Vehicle accidents while driving for work
- Exposure to toxic chemicals or hazardous substances
- Electrical shocks or burns
- Fires and explosions
- Faulty or improperly maintained equipment
- Inadequate safety training or lack of protective gear
- Workplace violence or assaults
- Poor lighting or cluttered workspaces
Common Types of Work Injuries
Some of the most common types of injuries for which workers file claims are:
- Back and neck injuries
- Broken bones and fractures
- Traumatic brain injuries (TBIs)
- Concussions and head trauma
- Lacerations and deep cuts
- Burns from chemicals, heat, or electricity
- Sprains and strains
- Repetitive stress injuries
- Carpal tunnel syndrome
- Respiratory conditions from toxic exposure
- Hearing loss from loud machinery
- Eye injuries from debris or chemicals
- Complex regional pain syndrome (CRPS)
- Reflex sympathetic dystrophy (RSD)
- Occupational illnesses from long-term exposure
Contact a Workers’ Compensation Lawyer in Charleston
If you’ve suffered a work-related injury, you don’t have to navigate the claims process alone. A Charleston workman’s comp attorney from The Thumbs Up Guys can provide the legal guidance and support you need to obtain the compensation benefits you’re entitled to.
Schedule a free consultation to discuss your case.
Call or text (843) 380-8350 or complete a Free Case Evaluation form