Workplace accidents injure thousands of people across South Carolina in a year. Workers and their families often feel overwhelmed by fears of what comes next. They express anxiety about how they can pay their rent or mortgage, along with other bills. Thankfully, the state’s workers’ compensation system will usually step in and pay medical bills and provide some lost wages support. But injured workers often need a trusted advocate in their corner to help them through this confusing system.

Contact Hart Law to speak with a Lancaster personal injury lawyer. We offer free consultations to those hurt on the job in Lancaster, SC, and the surrounding areas of Lancaster County, including Fort Mill and Indian Land.

A Closer Look at Workers’ Compensation in South Carolina

Before the state adopted its South Carolina workers’ compensation system, any injured employee needed to show their employer was negligent before they could receive compensation. That process was slow and cumbersome. Meanwhile, injured workers who needed health care often had to pay out of pocket and wait a year or more for a settlement.

The workers’ compensation system has changed all that. Now, injured employees are entitled to necessary medical care without any showing of fault. This no-fault insurance system means that workers receive care faster and do not face the same legal burden of proving wrongdoing just to get help.

You can also receive lost wages or disability benefits without showing fault, either. Nonetheless, there are limitations to the system. You only receive workers’ compensation benefits if you are hurt while on the job. There needs to be a connection between your job and the injury or illness you suffer from. If you are hurt at home or while driving to work, then the accident is not normally covered under South Carolina law.

How We Help Injured Workers

Anyone dealing with pain from a workplace injury will benefit from hiring Hart Law. Our legal team can tackle workers’ compensation claims and ensure they are submitted properly. Many injured workers do not realize they are entitled to full benefits or that a workers’ compensation attorney can help them recover compensation they might otherwise miss.

Hart Law can:

  • Review the facts to determine if you qualify for workers’ compensation benefits
  • Gather useful medical information and other evidence to support your case
  • Analyze why a claim was denied
  • Communicate with the insurance companies that pay out workers’ compensation benefits
  • Identify grounds for an appeal and file the appeal before the deadline
  • Prepare for a hearing and represent our client by presenting evidence
  • Handle settlement negotiations to pursue maximum compensation on your behalf

Injured employees in Lancaster, SC, and throughout Lancaster County deserve legal services that protect their rights from day one. Whether your case is straightforward or involves a pre-existing condition that employers are using to reduce your benefits, our workers’ compensation lawyers know how to build the strongest possible case.

You Deserve Benefits

Anyone injured on the job should receive benefits for:

Medical Treatment

Injured workers should never have to pay a bill. Instead, your employer’s insurance companies should cover all medical expenses related to diagnosis, doctor’s visits, surgery, hospital overnights, rehabilitation, and pain management. Sometimes disagreements arise over whether certain medical treatment is necessary or too experimental, but a personal injury lawyer can help advocate for you.

Serious workplace injuries like spinal cord injuries or traumatic brain injuries often require long-term care that can cost hundreds of thousands of dollars. Health care for these conditions should never come out of your pocket. Our workers’ compensation attorney team fights to make sure insurance companies cover the full scope of treatment you need.

Wage Loss Benefits

Workers might qualify for lost wages benefits if they cannot work. Typically, you get about 2/3 of your average weekly wage, up to a certain maximum. The system will cut off benefits after a certain amount of time, as well as when you have healed enough to return to work. A workers’ comp attorney can help make sure you receive every dollar you are owed during your recovery.

Permanent Disability Compensation

Some workers remain disabled even after years of treatment. You might receive permanent disability benefits if you have an ongoing disability, such as an amputation. Other workers are totally disabled, so work is out of the question. Permanent disability compensation is often paid out as a lump sum, and you should work with a workers’ compensation attorney for help.

Death Benefits

When a workplace injury results in a fatality, death benefits may be available to surviving family members. South Carolina workers’ compensation provides death benefits to help family members cover funeral costs and replace lost income. Wrongful death claims may also be available if a third party’s negligent behavior contributed to the fatal accident. Our Lancaster personal injury attorneys can explain your options if you have lost a family member in a work-related accident.

Filing a Personal Injury Claim

Many injured workers can supplement workers’ compensation with a Lancaster personal injury claim. Although you cannot sue your employer, you might have a personal injury claim based on:

  •  Negligent subcontractors, vendors, or customers.
  •  Defective equipment or products.
  • Dangerous property conditions, including unsafe conditions on a job site.
  •  Intentional attacks from coworkers or members of the public.

A personal injury claim against a third party is separate from your workers’ comp case. It can allow you to seek compensation for recoverable damages that workers’ compensation does not cover, including emotional pain, full compensation for all lost wages, and more. Personal injury cases involving someone else’s negligence require proving that the at-fault party or responsible party caused your injuries, which is different from the no-fault standard in workers’ compensation cases.

Personal injury attorney fees in these types of cases are typically paid on a contingency basis, meaning you pay nothing unless we win. Our Lancaster personal injury lawyer team is happy to discuss whether a third-party claim is a realistic option for you. We handle personal injury cases of all kinds throughout Lancaster County, Lancaster, SC, and neighboring communities like Fort Mill and Indian Land.

Answering Important Questions Regarding Lancaster Workers’ Compensation

Are There Deadlines I Must Meet?

Yes. The most important thing is to report the accident to your supervisor immediately or as soon as you can after the accident. In no case should you wait more than 90 days, because you can lose the ability to receive compensation. (South Carolina Code § 42-15-20.) Documenting everything at the accident scene and seeking medical treatment right away also protects your legal rights and strengthens your claim.

Will My Employer Fight My Claim?

The claim is usually handled by your employer’s insurance companies. Your employer is not usually involved. However, some employers might try to avoid a claim to keep their premiums low. Insurance companies also have their own adjusters whose job is to minimize what they pay out. Having lawyers in Lancaster on your side levels the playing field and helps ensure injured employees get full benefits.

What if My Employer Did Not Purchase Workers’ Compensation?

In that case, a worker has options. You might submit a claim to the state’s Industrial Commission. They can pay compensation to workers whose employers are uninsured. Another option is to take legal action and sue your employer directly. If they do not buy a policy, then they are not shielded from lawsuits. South Carolina law gives injured workers real paths to recover compensation even when employers cut corners. Contact our office to discuss all legal options.

Can I File a Workers’ Compensation Claim if I Have a Pre-Existing Condition?

Yes, in many cases. A pre-existing condition does not automatically disqualify you from receiving workers’ compensation benefits in Lancaster, SC. If a work-related injury made your condition worse, you may still be entitled to full compensation for the aggravation of that condition. Insurance companies sometimes use pre-existing conditions as a reason to deny or reduce claims, which is exactly why having experienced workers’ compensation lawyers matters. Our legal team can help you push back and protect your claim.

What Types of Injuries Qualify for Workers’ Compensation in South Carolina?

South Carolina workers’ compensation covers a wide range of injuries that happen on the job. These include broken bones, spinal cord injuries, traumatic brain injuries, burns, hearing loss, and workplace injury illnesses caused by exposure to chemicals or other hazards. Repetitive stress injuries like carpal tunnel syndrome also qualify in many workers’ compensation cases. If you are unsure whether your injury qualifies, our workers’ compensation attorney team in Lancaster County can review your situation at no cost.

Contact a Lancaster Workplace Injury Attorney at Hart Law

We provide free consultations and confidential meetings with injured workers to go over their legal options. Our personal injury attorney team is ready to help injury victims throughout Lancaster, SC, Lancaster County, Fort Mill, Indian Land, and beyond. A seasoned Lancaster personal injury lawyer is available to meet at a convenient location and time.

Personal injury cases and workers’ compensation cases both require fast action. Evidence fades, deadlines approach, and insurance companies start building their defense right away. Do not wait to get legal services from attorneys who understand South Carolina law and fight for injured employees every day.

Contact us today by calling (803) 771-7701. Our lawyers in Lancaster are ready to help you seek compensation and move forward.