Workers are the foundation of the Aiken economy, but too many are hurt on the job. At Hart Law, we can fight to obtain compensation when you suffer an injury or contract an illness while working. The workers’ compensation system was set up to help people like you after an on-the-job accident or injury. Contact our office today. You can receive workers’ compensation benefits and possibly bring an additional claim against a third party, but you should not delay.

Our law firm proudly serves injured workers throughout Aiken, SC, Aiken County, and surrounding communities, including North Augusta. We handle workplace injuries of all kinds and fight hard to protect the legal rights of every client we represent. If you need an Aiken workers’ compensation lawyer or an Aiken personal injury lawyer, our legal team is here to help.

Overview of Workers’ Compensation in South Carolina

Workers’ compensation is a system that provides benefits to workers who are injured while performing their jobs. This system replaced the old system where workers had to sue an employer and prove fault. Instead, workers’ comp provides no-fault benefits so long as a worker is hurt in the scope of employment.

South Carolina law requires most employers to carry workers’ compensation insurance, which means injured workers have a path to compensation without needing to prove their employer did anything wrong. This makes the process more accessible for accident victims who are already dealing with the stress of a work-related injury. However, insurance companies do not always make the process easy, and having an Aiken workers’ compensation lawyer on your side can make a real difference.

Benefits include:

  • Medical care. A worker should receive free medical care so long as it is necessary to treat a workplace illness or injury.
  • Wage loss benefits. Some injuries keep workers from returning to their jobs. Workers’ comp will pay a portion of your average weekly wages.
  • Disability benefits. A worker might still be disabled, even after they achieve Maximum Medical Improvement. Disability benefits are available in that situation.
  • Vocational rehabilitation. Some workers need additional training or education so they can return to gainful employment. Workers’ comp should cover vocational rehab.
  • Death benefit. If a worker dies, then some family members can receive a death benefit.

What Types of Workplace Injuries Are Covered?

Workers’ compensation in South Carolina covers a wide range of work-related injuries and illnesses. Common workplace injuries include falls, equipment accidents, repetitive stress injuries, chemical exposure, and injuries from car accidents that happen while traveling for work. Even if your injury developed gradually over time rather than from a single accident, you may still have a valid workers’ compensation claim.

Serious injury cases, including those involving broken bones, spinal damage, traumatic brain injuries, or permanent disability, often require more careful handling to make sure all recoverable damages are pursued. Medical bills, lost wages, future medical expenses, and ongoing care costs can add up quickly after a serious workplace accident. Our attorneys work hard to make sure nothing is left out of your claim.

Reasons Why Workers’ Comp Claims Are Denied

Although these are no-fault benefits, some workers are denied benefits. We can review whether you have a valid claim for appeal:

  • Pre-existing injury. Workers’ comp will not cover an injury that you incurred outside of work. However, you should receive benefits if an on-the-job accident aggravated a pre-existing injury.
  • Uncovered injury. The injury you suffered might not be covered by workers’ compensation, such as post-traumatic stress disorder.
  • Delay reporting your accident. A worker must report the accident within 90 days of it happening. (S.C. Code § 42-15-20(B).)  If you wait too long, you might not receive compensation.
  • Untimely claim.  A worker must file their claim within two years. If you wait too long, you will lose your right to compensation. (S.C. Code § 42-15-40.)

Hart Law can collect evidence to use in an appeal. For example, we can help you build up the medical records to show the severity of the injury, or we can show how the accident clearly happened at work.

We can also help someone who was approved for benefits but is now being pushed to return to work. The insurance company might claim you are healed when you are still in pain.

If your workers’ compensation claim has been denied, do not give up. A denial is not the end of the road. Our Aiken personal injury attorneys review denied claims and look for every possible angle to help injured workers recover the compensation they deserve.

Claims Against Third Parties

Requesting workers’ compensation benefits is the sole remedy a worker has against their employer. That means you cannot sue your employer even where they were lax with safety or otherwise negligent.

However, an injured worker might bring a claim against a non-employer, which we call a “third-party claim.” These are common when a worker’s injury is caused by:

  • Defective products or equipment. A worker can sue the manufacturer for a defect in a product. For example, a ladder might collapse beneath a construction worker.
  • Motor vehicle accidents. If you travel for work, you might sue a driver who struck you.
  • Subcontractor, vendor, or customer negligence. Workers are often injured due to the carelessness of one of these other parties. For example, a customer could accidentally run you over in the parking lot.
  • Dangerous property condition. Workers who travel offsite (such as to a client’s office) can be hurt due to a defect on the premises.

A third-party personal injury lawsuit is separate from your workers’ compensation claim and can allow you to seek compensation that workers’ comp does not cover, such as non-economic damages for pain and suffering. Identifying whether a liable party outside of your employer exists is one of the most important steps our attorneys take in every workplace injury case. If a third party contributed to your injuries, you may be able to recover compensation beyond what workers’ comp alone provides.

How Our Aiken Personal Injury Lawyers Can Help

Our law firm handles both workers’ compensation claims and personal injury cases for injured workers throughout Aiken, South Carolina, and the surrounding areas. We know that being hurt on the job affects every part of your life. Medical treatment, medical expenses, and time away from work create real financial pressure for you and your family. Our job is to protect your rights and fight for a fair settlement or court award that reflects everything you have lost.

We work on a contingency fee basis, which means you pay no attorney’s fees upfront. We only get paid if we recover compensation for you, so there is no financial risk in reaching out. Hiring a personal injury lawyer should never feel out of reach for someone who is already dealing with injuries, medical bills, and lost wages.

Our practice areas go beyond workplace injuries. We also handle car accidents, pedestrian accidents, and other personal injury cases throughout Aiken County and Aiken, SC. Whatever type of accident has left you injured, our personal injury attorney team is ready to help you understand your legal options and pursue the fair compensation you deserve.

FAQs about Aiken Workplace Injuries

What is the first step I should take after a workplace accident?

You should report it immediately to your employer unless it is truly life-threatening, in which case you should call an ambulance. After reporting the accident, seek medical treatment right away. Getting checked by medical professionals protects both your health and your workers’ compensation claim, since delays in treatment can be used against you by the insurance company.

Can I receive pain and suffering compensation for a workplace injury?

Not through workers’ compensation. However, if you file a third-party claim, you might seek general damages for pain and suffering. This is one reason to always review if you can sue a third party. These non-economic damages can be significant, especially in cases involving serious injury or permanent disability, and a personal injury lawsuit against a liable party may be your best path to full recovery.

How long can I receive workers’ compensation benefits for?

Generally, you can receive benefits for as long as you need them. However, state law caps most benefits at 500 weeks, unless you have suffered a serious, total disability. South Carolina law also provides specific benefits for permanent disability depending on which part of your body was injured, so it is worth speaking with an Aiken workers’ compensation lawyer to understand exactly what you may be entitled to.

What if my employer retaliates against me for filing a workers’ comp claim?

Retaliation against an employee for filing a workers’ compensation claim is illegal under South Carolina law. This can include being fired, demoted, or having your hours cut after you file. If you believe you have experienced retaliation, contact a personal injury lawyer right away to protect your legal rights and explore your options.

Do I need a lawyer to file a workers’ compensation claim?

You are not required to hire a lawyer, but having one on your side significantly improves your chances of a successful outcome. Insurance companies have experienced adjusters whose job is to minimize what they pay out. An Aiken personal injury lawyer who knows workers’ compensation law can push back on low offers, gather the evidence needed to support your claim, and represent you at hearings if your claim is denied. Many clients find that working with our legal team leads to a much better result than going it alone.

What if I was injured in a car accident while working?

If you were hurt in a car accident while performing your job duties, you may have both a workers’ compensation claim and a personal injury claim against the at-fault driver. This is one of the most common scenarios where a third-party claim arises alongside a workers’ comp case. Our attorneys handle both types of claims on your behalf so that you can focus on recovering while we pursue every source of compensation available to you.

Can family members recover compensation if a worker is killed on the job?

Yes. South Carolina workers’ compensation law provides a death benefit for certain family members when a worker dies as a result of a job-related injury or illness. This benefit can help cover lost income and related expenses that the family depended on. If you lost a family member in a workplace accident in Aiken, SC, or anywhere in Aiken County, our attorneys can help you understand what benefits are available and how to file a claim.

What is a fair settlement in a workplace injury case?

A fair settlement is one that covers all of your medical expenses, future medical expenses, lost wages, related expenses, and other losses tied to your injury. In third-party personal injury cases, it also includes compensation for pain, suffering, and the impact the injury has had on your daily life. Our attorneys work hard to make sure every element of your loss is accounted for before we recommend accepting any settlement offer.

Contact an Aiken Workplace Injury Attorney for a Free Consultation

Hart Law is ready to assist any worker who suffers an on-the-job injury or illness. We have years of experience with workers’ compensation claims, and a lawyer can meet for a free consultation if you contact us today at (803) 771-7701.

We serve injured workers throughout Aiken, South Carolina, Aiken County, North Augusta, and the surrounding areas. Whether you are just starting a workers’ compensation claim or need help after a denial, our Aiken personal injury lawyers are ready to fight for you. Contact our law firm today for your free consultation and take the first step toward protecting your health, your wages, and your future.