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.

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.

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 play 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.

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 find 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.

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.

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.

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.

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.

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.