Charleston Workers’ Compensation Lawyers

South Carolina Attorneys for Workplace and On-the-Job Injuries

South Carolina workplaces can be dangerous. The Federal Bureau of Labor Statistics (BLS) recorded 34,100 workplace injuries in South Carolina in 2022, or 23 injuries for every 1,000 South Carolina workers. 

In 2022, nearly 21,000 South Carolina workers were injured badly enough to need at least one day away from work or to switch to a different job while their injuries healed. Injured workers may face many challenges, such as paying for medical bills, lost wages, and obtaining medical treatment. 

Workers’ compensation provides benefits to help injured workers in Charleston and other South Carolina workplaces. Workers’ compensation benefits are limited and may not fully cover all your losses. Talk to an experienced Charleston workers’ compensation attorney today to learn more about your legal rights and options. The team at Steinberg Law Firm is here to help. 

Charleston Workplace Injury Statistics

About 431,000 people are employed in the greater Charleston area workforce, including Goose Creek and Summerville, according to the Bureau of Labor Statistics (BLS). These numbers include:

• 33,800 manufacturing employees
• 23,000 construction, mining, and logging employees
• 76,500 trade, transportation, and utilities employees
• 52,900 hospitality industry employees
• 69,100 business and professional services employees

While some jobs have higher injury rates than others, an employee can be injured in any job or workplace. We have had cases where employees have fallen off their desk chairs, been attacked by geese on employer property, or stepped in a pothole in the parking lot. Work-related illnesses may also occur in any workplace. For these employees, workers’ compensation coverage provides help with medical bills and other losses after a job-related injury or illness. 

What Are My Options After a Workplace Injury?

Workers’ compensation covers employees who are injured on the job in South Carolina. Workers’ compensation benefits are available regardless of fault. This means that even if you were partly responsible for your injuries, you may still be able to receive benefits.

You don’t have to prove your employer or anyone else caused your injuries. Instead, you only have to demonstrate that you qualify for workers’ compensation coverage to receive workers’ compensation benefits in South Carolina.

According to the South Carolina Workers’ Compensation Commission, you can receive permanent disability, medical benefits, and help with lost wages. It’s best to discuss the details of your work injury with an experienced workers’ compensation attorney at Steinberg Law Firm to determine the best options for you.  

How Do I Get Benefits After a Charleston Workplace Injury?

If you’re injured on the job or suffer a work-related illness, the first step is to notify your employer. For serious injuries or illnesses, your employer may know what happened immediately as they rush to provide first aid or call an ambulance. 

If your employer doesn’t have immediate knowledge, make sure you notify your employer about the injury within 90 days of the incident. You must report your injury or illness within 90 days to protect your right to receive workers’ comp benefits.  However, the earlier you report your injury or illness to your employer, the better, and the insurance company will often question why you waited.

South Carolina workers’ compensation law allows workers to seek compensation and benefits after a workplace injury or work-related illness. The South Carolina Workers’ Compensation Commission (WCC) handles these claims. 

To protect your right to compensation, you must file a claim with the WCC within two years of the accident. If a loved one died from a work-related injury or illness, the person’s survivors have two years from the date of death to file a claim.

File your claim by completing Form 50 (for injuries) or Form 52 (for deaths). Both forms are available on the WCC website. 

Workers’ compensation law allows your employer and their insurance carrier to choose which doctors you see for treatment. Before seeing a doctor, make sure the doctor is approved by your employer or their workers’ compensation representative. Tell the doctor about all the injuries or symptoms caused by the workplace accident or illness. 

You can ask your employer’s workers’ compensation representative to send you to another doctor if you want a second opinion. If the representative refuses, you can request a hearing to have the issue resolved by a Workers’ Compensation Commissioner.

Generally speaking, an injured employee cannot sue their employer for their injuries. If the employer treats the employee unfairly due to the workers’ compensation claim, the employee can sue for unlawful treatment. For example, if your employer demotes or fires you because you filed a workers’ compensation claim, you can argue that your employer committed a retaliatory discharge but will need to prove that this is true. These claims fall under employment law, not under workers’ compensation law. Speak to an attorney to learn more about the differences between these two areas of law.

How Do I Know if I Qualify for Workers’ Compensation?

Every Charleston business with four or more employees must pay for workers’ compensation insurance to cover their employees. 

A few businesses are not required to follow this rule. They include: 

• Railway Express/railroad workers
• Realtors paid by commission
• Textile Hall Corporation workers
• A workplace where the payroll is less than $3K
• Agricultural workers

To be covered by workers’ compensation, you must be classified as an employee – not as an independent contractor. Independent contractors, volunteers, and other non-employees are not covered by workers’ compensation. 

Some businesses may misclassify employees as contractors. If you suspect you have been misclassified, talk to an experienced Charleston workers’ compensation attorney. 

What Can Disqualify Me From Receiving Workers’ Compensation in South Carolina?

Workers’ compensation is intended to provide prompt coverage for South Carolina employees who suffer a work-related injury or illness. Some factors can disqualify an employee from receiving workers’ compensation. These factors include:

• “Casual employment” when your employment is irregular, unpredictable, sporadic, or short-term.
• Employment by an employer who has fewer than four employees.
• Employment by an employer whose annual payroll is less than $3,000. 
• Employment in certain jobs or industries, such as agricultural work, railroads, licensed real estate salespeople, and federal employees working in South Carolina. 

To preserve your right to workers’ compensation:

• Notify your employer as soon as possible. You have 90 days to report a work-related injury or illness to your employer. It’s best to report as soon as possible so the workers’ compensation process can begin promptly. 
• File your claim within two years. File a claim with the WCC within two years of the date of injury. If you’re filing because you lost a loved one, file within two years of the date of death. 
• Follow your employers’ or their representatives’ instructions on choosing a doctor. See an approved doctor. Tell the doctor about all the symptoms or injuries you experienced. 

Not sure whether you qualify for benefits? Talk to an experienced Charleston workers’ compensation attorney. A lawyer can answer your questions and provide information on how to protect your rights. 

What Types Of Injuries Are Covered By Workers’ Compensation?

Workers’ compensation covers a wide range of injury and illness types. Common categories include:

• Physical Injuries: Brain and spinal cord injuries, broken bones, damage to internal organs, burns, amputations, and many other physical injuries can be covered by workers’ compensation. 
• Occupational Illnesses: Illnesses acquired from work, such as silicosis (also known as “black lung”), heatstroke or heat exhaustion, and similar work-related illnesses may be covered. For conditions like heart attacks, South Carolina courts have set standards for determining whether the heart attack was connected to work and thus compensable through workers’ compensation. 
• Preexisting Conditions: Although preexisting ailments such as diabetes may not be directly due to a work injury, there are some preexisting conditions that can get aggravated after a work accident. These conditions may include asthma, herniated discs, torn ligaments, and neck and back injuries. Under S.C. Code Ann. 42-9-35, it states that aggravations to pre-existing conditions are covered under workers’ compensation.
• Mental, Emotional, or Psychological Injuries: Injuries like post-traumatic stress disorder or depression may be covered by workers’ compensation if they arise from a physical injury.

If you’re not sure whether your injury or illness is covered by workers’ compensation, talk to an experienced attorney. 

How Is The Value of My Injury Determined in a Workers’ Compensation Case?

South Carolina Code §42-9-30 provides calculations for determining how much compensation a worker can receive for a scheduled injury. The calculation is based on a worker’s average weekly wage. South Carolina workers’ compensation law recognizes two categories of injuries: scheduled and unscheduled. These categories are used to determine the value of an injury. 

Scheduled Injuries

“Scheduled” injuries appear on the schedule included in South Carolina Code §42-9-30. They include: 

• The loss of the thumb and each finger, 
• The loss of the big toe or any of the other toes, 
• The loss of a hand, arm, shoulder, foot, leg, hip, or eye,
• The complete or partial loss of hearing in one or both ears, 
• The complete or partial loss of use of the back, 
• The complete or partial loss of any other body part or organ not specifically mentioned in the statute, and
• Serious permanent disfigurement of the face, head, neck, or any other body part that would not ordinarily be covered by clothing in the workplace. 

The schedule specifies how lost wages will be compensated for each type of injury and for how long. To learn more, see “How much money will I get each month or week from WC?” below. 

Unscheduled Injuries

Not all possible workplace injuries are listed on the schedule. Any injury that isn’t listed in the statute is called an “unscheduled injury.” 

Common types of unscheduled injuries include:

• Heart attacks,
• Psychological disorders, 
• Heat stroke or heat exhaustion,
• Hypothermia,
• Strokes or aneurysms. 

To receive compensation for an unscheduled injury, an injured person must show that the injury was caused or aggravated by actions the person took within the scope of their employment. 

For example, in Holley v. Owens Corning Fiberglas Corp., the South Carolina Supreme Court examined the case of a worker who suffered a fatal heart attack while climbing a furnace in excessive heat as part of his job. The court held that there was sufficient evidence to determine that the heart attack resulted from a pre-existing coronary condition that was “aggravated and accelerated” by the work. The court outlined a standard for determining whether a heart attack can be covered by workers’ compensation. 

Mental and psychological injuries like PTSD or depression are only covered by workers’ compensation if they are connected to a physical injury. Unexplained injuries, heart attacks, and strokes are generally not covered.
   
If an injured worker cannot return to work because of his or her injuries, the Act allows the pursuit of permanent and total disability benefits, which is capped at 500 weeks of benefits. There are only a few exceptions to the 500-week maximum. Talk to an experienced Charleston workers’ compensation lawyer to discuss your options for your unique situation.

How Much Money Will I Get Each Month or Week From WC? 

This is a tricky question to answer since the value is based on the previous question about the type of injury to a scheduled member.  Code 42-9-10 covers TTD (Temporary Total Disability – i.e., weekly checks), and Code 42-9-20 covers TPD (Temporary Partial Disability) if you’re earning less while under restrictions from your work injury.

To give an example, suppose that a worker makes $30 an hour and works 40 hours a week, making $1200 per week on average. This worker loses a thumb in a workplace accident. Under the schedule outlined in South Carolina law, the worker can receive 66 ⅔ percent of their average weekly wage, or $800 per week, for 65 weeks – a total of $52,000. 

Unscheduled injuries can be more difficult to calculate. An attorney can help you fight for fair compensation for an unscheduled injury. 

Why Do I Need A Lawyer For A Workers’ Compensation Case?

Navigating workers’ compensation claims can be tough. Your employer or their workers’ comp representative may argue that your injury isn’t work-related or that you aren’t an employee. They may deny you the chance to get a second opinion from another doctor, forcing you to go to a WCC hearing. They may delay paying you benefits or try to pay you less than you’re owed, especially if your injuries include unscheduled injuries. 

Handling a workers’ compensation case is tough. It’s even harder when you’re struggling to recover from a serious injury, or you’re carrying the grief of losing a loved one. 

The Steinberg Law Firm has deep experience and a long history with workers’ compensation cases. Attorneys at the Steinberg Law Firm worked to shape workers’ compensation law in South Carolina, providing a fair playing field for injured workers. Our law firm has the distinction of being the first in the state to represent a Black worker in a workers’ compensation case. 

Today, we continue our proud tradition of fighting for South Carolina workers and their families. Our attorneys include lawyers who once worked for workers’ compensation insurance companies. Their insider knowledge of how these companies attempt to delay, deny, or minimize workers’ claims is invaluable in our fight against these tactics on behalf of our clients. 

What Are The Signs That You Need a Workers’ Compensation Lawyer?

It’s time to reach out to a workers’ compensation lawyer if:

• Your employer or their workers’ compensation insurer denies that your injuries are connected to work. They may argue that your injury originally occurred outside work. They may claim that none of South Carolina’s rules for defining workers’ compensation injuries apply. If you experience the long-term effects of an occupational illness, they may claim that something other than work made you sick. 
• Your employer delays or does nothing. If you’ve notified your employer, your employer must provide you with paperwork, report your case to the WCC, and file a claim with its insurance carrier. Delays or refusal to take these steps promptly can harm your claim. If your employer is dragging their feet, an attorney can help you get them moving.
• Your doctor recommends a certain treatment, but the insurer won’t pay for it. Workers’ compensation insurers may refuse to pay for some types of treatment, such as rehabilitation. If the insurer is preventing you from following your doctor’s medical advice, speak to an attorney. 
• You’re facing permanent disabilities that will limit or prevent you from returning to your former job. Insurance companies often fight partial or total disability claims since they’re often expensive. If you’re facing lifelong limitations on your ability to work, speak to an experienced lawyer.
• The insurance company denies your claim. You have the right to appeal a denial of a workers’ compensation claim, but doing so can be complex. An attorney’s experienced advice is essential to maximize your chances of success. 
• You plan to file for Social Security disability benefits. Social Security disability benefits might be lower if you’re also receiving workers’ compensation benefits. An attorney can help structure your settlement, so you receive the maximum allowable benefit from both sources. 

If you were injured by a third party, like a negligent driver or a defective product, it’s also vital to consult an attorney at the Steinberg Law Firm with experience in both workers’ compensation and personal injury law, as you may have two cases.  An experienced lawyer can help you protect your rights and pursue your case in each area. 

What If Someone Other Than My Employer Caused My Injuries?

You cannot sue your employer for an on-the-job injury in most cases. However, if someone other than your employer caused your injuries, you may be able to sue that person or entity. 

For example, you may be able to bring a lawsuit against: 

• A driver who runs a red light and crashes into your delivery truck as you’re out making deliveries for your job.
• A photocopier company that sells your office a photocopier with a hidden defect, causing it to catch fire and injure you as you’re making copies.
• A customer who attacks you while you’re managing a restaurant, causing injuries. 

In each of these scenarios, you were injured on the job, but someone who wasn’t part of your business caused your injuries. A lawsuit can help you seek compensation from the party responsible for your injuries. 

Third parties who may be liable for on-the-job injuries may include:

• Project managers
• Defective equipment manufacturers
• Non-employer supervisors
• Outside vendors
• Drivers
• Outside contractors
• Public utility providers (if a provider is affiliated with the government, this involves government immunity

The relationship between your workers’ compensation claim and a third-party injury lawsuit has certain legal implications. It’s important to work with an experienced attorney to ensure that you do not accidentally prevent yourself from receiving workers’ compensation coverage. In addition, it is to your benefit, in such cases, to work with a law firm that can handle both your workers’ comp case and your third-party injury case. There are rules about how this type of scenario must proceed, and if not followed correctly, it can disqualify one of your potential avenues for recovery. 

What Happens If I Lose a Loved One to a Work Injury?

Some workplace injuries prove fatal. When this happens, the deceased employee’s family may receive benefits under workers’ compensation. These benefits are specified in South Carolina law. They include funeral and burial costs, but they may not include other losses, like compensation for pain and suffering or grief.

Families may not sue the employer for compensation. If a third party caused the death, however, the family may seek compensation through a third-party wrongful death lawsuit. 

What Does It Cost to Hire a Workers’ Compensation Lawyer in South Carolina?

Workers’ compensation claims can be complex. They can be challenging to pursue when you’re already struggling to recover from a serious injury or illness.

Hiring an experienced attorney is the best way to protect your rights. Most South Carolina law firms use a contingency fee arrangement. 

• Contingency fee. Law firms that advertise “no fee unless you win!” are describing a contingency fee agreement. Instead of paying your attorney out of pocket, your attorney collects a percentage of the compensation they win for you in your case. This is typically 33.3 percent of the total amount of a client’s compensation.

When you look for an attorney, always ask about their fee agreement. Experienced workers’ compensation attorneys can explain how their fee agreement works and how it may affect you. To find out how our experienced attorneys can fight for you and your family following a workplace injury accident, call the Steinberg Law Firm, LLC, at 843-720-2800 for a FREE case review. We serve Charleston, Goose Creek, Summerville, and surrounding areas.