Because workers spend so much time on the job, workplace injuries are not surprising. Many workers are injured in horrifying falls or explosions, but others suffer injuries in more mundane ways. Repetitive stress or overexertion injuries are common.

Hart Law is the law firm to call if you are hurt at work and need compensation. South Carolina provides workers’ compensation benefits for many workers, or we can discuss a possible lawsuit. Contact us to speak with an Irmo workplace injury attorney in a free consultation.

Qualifying for Workers’ Compensation Benefits

South Carolina adopted the workers’ compensation system to make it easier for injured workers to receive medical care and wage loss benefits. The system is no fault. That means you can receive benefits even if you were negligent. You also do not need to prove your employer was negligent.

However, workers’ comp only covers on-the-job injuries which arise out of employment. Most workers are injured at work, but some might be forced to travel for their job, so they are hurt away from the jobsite.

Most of our clients are injured by:

  • Accidents at work, such as falls, struck-by accidents, or fires
  • Repetitive motion injuries, including regular typing, which leads to soft tissue injuries and pain
  • Occupational illnesses, including toxic exposure

Call our office if you have a question about whether you qualify. Most employers are required to buy a workers’ comp policy to cover their workforce.

Benefits for Injured Workers

A worker injured on the job should receive the following benefits:

  • Medical care. You should not have to pay for any care, including diagnostic tests, surgery, rehab, and pain medication.
  • Temporary and permanent disability benefits. Injuries make it impossible for many workers to head back to their jobs. They need some time to recover. South Carolina makes disability benefits available for those who are temporarily or permanently disabled.
  • Vocational rehabilitation. Workers might need training to enter a new field due to their disabilities.
  • Death benefit. Some dependent family members can receive benefits if a worker dies.

Speak with a representative at Hart Law if you have questions. We have helped get injured workers approved for claims after an initial denial.

Common Workers’ Compensation Disputes

Many legal disputes involve:

  • Claim approval. The insurance carrier might deny the claim for various reasons, such as a pre-existing injury.
  • Appeals. Workers have a right to appeal before an administrative law judge.
  • Early termination of benefits. A physician might clear you to return to work even though you still have significant limitations. The insurance carrier might press to cut off benefits too soon.
  • Disability rating. After reaching maximum medical improvement, a worker could still be disabled. The rating they receive from a doctor will impact the amount of compensation they receive.
  • Retaliation. South Carolina prohibits an employer from retaliating against a worker for filing a claim.

Contact us to schedule a confidential meeting. We can review the current status of your case and advise about next steps.

FAQs about Irmo Workplace Injuries

Can I sue my employer for an on-the-job injury?

Not usually. Workers’ compensation benefits are the exclusive remedy against an employer. However, you might have a claim against someone else, such as a vendor or customer. If you are injured by a defective product, you might sue the manufacturer.

Will workers’ compensation pay for pain and suffering?

No. Those damages are not covered by workers’ comp, but you could request pain and suffering compensation in a third-party lawsuit.

How much time do I get to report my injury to my employer?

The law requires reporting within 90 days. If you report outside this window, you can lose the ability to receive workers’ comp benefits. We recommend reporting as soon as possible. There is no reason to delay. (South Carolina Code § 42-15-20.)

Can I choose my own doctor?

No. Under S.C. Code § 42-15-60, your employer or their insurance carrier can choose your treating physician. There is an exception for emergencies, such as an ambulance picking you up and racing you to the hospital.

Can I really afford your services?

Yes. Workers’ compensation attorneys work on a contingency fee basis. We are happy to explain more about how we charge for services in a face-to-face consultation.

Contact an Irmo Workplace Injury Lawyer

Workplace accidents are scary. Injured employees naturally fear whether they can support their families after suffering a major setback. Significant accidents leave many workers sidelined for months, with no hope of getting back to work.

Hart Law is here to help. Our experienced legal team can help with a workers’ compensation claim, including an appeal. Contact us to schedule your free consultation at (803) 771-7701.