Workplace injuries cause pain and fear. Injured workers often wonder if they will ever heal and return to work, and few know where to turn to receive answers regarding their rights to workers’ compensation. Reach out to Hart Law to discuss any on-the-job accident or injury. South Carolina law mandates that virtually all employers buy into the workers’ compensation system and cover all employees.

Greenville workers’ compensation cases involve strict deadlines, complex paperwork, and insurance companies that work hard to pay out as little as possible. Many injured workers make mistakes early in the process that cost them full benefits later. Getting help from a Greenville workers’ compensation lawyer early makes a real difference.

In a free consultation with a Greenville workers’ compensation lawyer, we can discuss whether you qualify for benefits and what evidence you will need to submit a strong workers’ comp claim.

Workers’ Compensation Benefits in South Carolina

Workers’ compensation is a no-fault system where employers purchase an insurance policy to cover workplace injuries and accidents. An injured worker should be eligible for a variety of workers’ compensation benefits when hurt within the scope of employment.

South Carolina workers’ compensation covers a wide range of work injuries, from sudden accidents to repetitive motion injuries that develop slowly over time. According to labor statistics, workplace injuries are far more common than most people realize, and the construction industry alone accounts for a significant number of serious claims each year.

Most employers in South Carolina are required to carry workers’ compensation insurance, and failure to do so can expose them to significant legal liability. If you are hurt on the job and your employer does not have coverage, you may still have options for recovering financial compensation.

Medical Benefits

Injuries require immediate medical care to stabilize the injured worker. You should also receive rehabilitation, pain medication, and occupational therapy free of charge. Your provider will send bills directly to the insurance company, and you should never have to pay out of pocket. However, some disagreements arise if you need new therapies.

Medical benefits can include physical therapy, follow-up visits with a treating physician, medical treatment for broken bones or traumatic injuries, and care for chemical exposure or harmful substances encountered on the job. Medical records from your treating physician are important evidence in your workers’ comp claim, so keep track of every visit and every diagnosis.

Common injuries covered by medical benefits include broken bones, back injuries, head injuries, and injuries caused by chemical exposure to harmful substances. If a job-related injury requires surgery, that should be covered, too. The general rule is that you receive the medical care needed to reach maximum medical improvement.

Disability Benefits

Many workers are disabled, at least temporarily. You should receive a portion of your average weekly wage if you are unable to head into work.

If a worker is still disabled after reaching maximum medical improvement, then they have a permanent disability. Permanent disability benefits are usually a lifeline for a worker who cannot return to work. Total disability benefits may continue for an extended period, depending on the severity of the injury.

Many workers head back into work on light duty, which means that critical tasks are removed. These workers might also receive wage loss benefits to make up for some of their lost wages. Weekly payments help injured employees maintain financial support for themselves and their family members while they recover.

Death Benefits

When a worker dies as a result of a work-related injury or illness, surviving family members may be entitled to death benefits under South Carolina workers’ compensation laws. These benefits can help cover funeral costs and provide ongoing financial support to dependents who relied on the deceased worker’s income.

Death benefits are calculated based on the worker’s average weekly wage and are paid to qualifying family members. If you lost a loved one due to a workplace accident in the Greenville area, speak with a Greenville workers’ compensation lawyer to understand what benefits may be available.

How to Report Your Workplace Accident

South Carolina law requires that workers report any workplace injury as soon as possible, and in no event after 90 days have passed. If you miss this deadline, then you are generally barred from receiving workers’ compensation benefits. (South Carolina Code § 42-15-20.)

Avoid any delay. You should tell your supervisor about the incident as soon as you can. They have the right to send you to a doctor of their choice. Of course, if your injury is immediately life-threatening, an ambulance can take you to the hospital. But there is a risk that future medical care will not be covered if you do not meet with the employer’s recommended doctor.

After you report the accident, sit down and write down your memories, including the names of any witnesses. Some workers are denied benefits because the workers’ comp insurer does not believe the accident was work-related. Gathering necessary documentation early, including photos, incident reports, and witness contact information, helps build a strong workers’ compensation claim from the start.

Common Workplace Injuries Covered by Workers’ Compensation in Greenville, SC

Work related injuries take many forms. Common examples of injuries that qualify for workers’ comp benefits include:

  • Broken bones from falls, equipment accidents, or being struck by an object
  • Back and spinal cord injuries from lifting, falling, or heavy machinery
  • Repetitive motion injuries like carpal tunnel syndrome and tendinitis
  • Burns and injuries from chemical exposure or harmful substances
  • Head and brain injuries from falls or being struck
  • Repetitive motion injuries caused by constant work tasks over time

Common injuries in the construction industry, transportation, manufacturing, and healthcare all qualify as long as the injury occurred while the worker was performing job duties. If you are unsure whether your work injury qualifies, a free consultation with our workers’ comp lawyers can answer that question quickly.

Third-Party Claims and Personal Injury Lawsuits

Workers’ compensation is generally the exclusive remedy against your employer for a workplace injury. This means that, as a general rule, you cannot sue your employer directly for a work-related injury. However, workers’ compensation is not always the only source of recovery.

If a third party caused or contributed to your injury, you may be able to file personal injury lawsuits against that party separately from your workers’ comp claim. Common examples include a defective piece of equipment manufactured by another company, a driver who caused a car accident while you were working, or a property owner who maintained unsafe conditions.

Personal injury case options outside of workers’ compensation can allow injured workers to recover damages that workers’ comp does not cover, including pain and suffering. Our law firm reviews every workplace accident carefully to identify whether a personal injury case exists alongside a workers’ comp claim.

Greenville, SC Workplace Accidents: Frequently Asked Questions

Here are some of the most common questions members of the public ask about workplace injuries and workers’ compensation in Greenville, South Carolina.

Can I Receive Compensation for Carpal Tunnel and Similar Injuries?

You can if they are work-related. Workers’ compensation covers injuries caused by dramatic accidents, like fires or falls. But you can also suffer significant work injuries through constant, repetitive motions. So long as an injury is caused by work conditions, you should qualify for workers’ comp benefits. Report the injury as soon as you can after diagnosis.

Repetitive motion injuries are sometimes harder to prove than sudden accident injuries because there is no single incident to point to. Medical records from your treating physician that connect the injury to your work duties are especially important in these cases.

Do I Really Need a Workers’ Compensation Lawyer?

Many people file an initial workers’ compensation claim on their own without the benefit of a lawyer. It is easy to make mistakes, though, which is why so many people are initially denied. You certainly need an attorney for an appeal after any denial. Reach out to Hart Law so we can find out more about the accident and prepare an appeal. We can represent you at a hearing to argue that you deserve benefits.

An experienced workers’ compensation attorney knows how insurance companies evaluate claims, what the workers’ compensation commissioner looks for in disputed cases, and how to avoid common mistakes that cost injured employees their full benefits. Other attorneys may handle personal injury cases broadly, but our Greenville workers’ comp lawyers focus on getting the best outcome for injured workers specifically.

What is the Maximum Amount of Time I Can Receive Benefits?

Typically, workers’ compensation benefits do not last more than 500 weeks. But there are always exceptions, including for someone who is permanently injured, such as paralysis due to spinal cord or severe brain injury. In extreme cases, a worker might receive workers’ comp benefits for life.

Total disability cases are evaluated differently from partial disability cases. If you are able to return to a previous job at reduced capacity, you may receive partial wage benefits. If you cannot return to any meaningful employment, permanent total disability benefits may continue for an extended period.

What If My Workers’ Compensation Claim Is Denied?

Insurance companies deny workers’ compensation claims for many reasons, including claims that the injury occurred outside of work, that the injury is pre-existing, or that the necessary documentation was not submitted correctly. A denial is not the end of the road. You have the right to appeal.

The workers’ compensation commissioner oversees disputed claims in South Carolina. Our Greenville workers’ comp lawyers represent injured workers at these hearings and fight to prove that the injury occurred during the scope of employment and that full benefits are owed. Do not give up after a denial without speaking to a workers’ comp attorney first.

Can I Choose My Own Doctor for a Work-Related Injury?

In South Carolina, your employer generally has the right to direct your medical treatment after a workplace injury. This means they can send you to a specific treating physician. You may be able to request a change of physician under certain circumstances, but you should speak with a Greenville workers’ compensation lawyer before taking any action that could affect your medical benefits.

Seek medical treatment immediately after any workplace accident, even if you feel okay at first. Some work-related injuries, like back injuries or brain injuries, do not show their full impact right away. Getting checked out right away also creates a medical record that connects your injury to the workplace accident.

Can I File a Workers’ Comp Claim if I Was Partly at Fault for the Accident?

Yes. Workers’ compensation in South Carolina is a no-fault system, which means you can receive workers’ comp benefits even if you made a mistake that contributed to the accident. Fault is not relevant in most workers’ comp claim cases. As long as the injury occurred during the course of your employment, you are generally eligible for benefits.

There are some exceptions, such as if a worker was intoxicated at the time of the injury or intentionally caused the injury. But in most standard workplace accident situations, fault does not bar a workers’ compensation claim. Our Greenville workers’ compensation lawyers can review the facts of your case during a free consultation.

Schedule a Consultation with a Greenville Workers’ Compensation Attorney

n a free consultation with Hart Law, we can describe the workers’ compensation process. We can also discuss whether you can file a lawsuit. Workers are usually prohibited from suing their employer for a workplace accident, but you might have a solid claim against another defendant for hurting you. We can review whether to sue a manufacturer, vendor, or customer for your work-related injuries.

Our law firm serves injured workers throughout Greenville, SC, and the surrounding Greenville area. We have helped many injured workers recover fair compensation for medical expenses, lost wages, medical bills, and other losses after serious work injuries.

Speak with an experienced workers’ compensation attorney at our office today by calling (803) 771-7701. Our law firm has handled many workers’ compensation cases for workers, and we can discuss how we charge for our services and answer your questions. There is no cost for your initial free consultation, and we work on a contingency basis, so you pay nothing unless we recover for you.