Knowledgeable Workers’ Compensation Lawyers in Fort Mill & Greenville, Rock Hill, SC
In the State of South Carolina, our Workers’ Compensation Laws and Regulations are designed to provide financial assistance for employees who were hurt at work. The coverage provides payment for medical bills and lost wages while the person is out of work due to their injuries.
Unfortunately, the workers’ compensation program can be difficult to navigate on your own, as the bureaucracy and red tape can quickly become overwhelming, beginning with the act of seeking medical care.
Did you know under the current workers’ compensation laws in South Carolina, your employer has the right to select the doctor who will treat you?
Without permission to seek medical care from your employer, they may not be held liable for the medical expenses you incur. That could leave you paying your expenses out of pocket.
From there, the paperwork and additional requirements necessary to establish a successful workers’ compensation case become increasingly difficult and can often lead to an outright denial from your employer’s coverage carrier.
At the David W. Martin Law Group, our workers’ compensation lawyer in Fort Mill will examine the full extent of your work injuries and the circumstances in which they occurred, so you can focus on your physical and emotional recovery while we pursue the financial compensation required to make you whole again.
What is Workers’ Compensation in Fort Mill, Rock Hill & Greenville, SC?
The Workers’ Compensation Act in South Carolina outlines the details of the coverage options available for an employee who suffers an injury during their work duties.
Injured employees are entitled to recover medical expenses, compensation for lost time and income, or permanent disability benefits if the person is unable to work because of their work injury.
If you have been hurt at work, you must notify your employer your incident and injury occurred, then seek medical care immediately, so all your injuries are diagnosed, and a treatment plan is put in place. It is important to understand your employer gets to dictate which physicians you visit, and seeing an out-of-network provider could jeopardize your workers’ compensation claim.
It is also important to know that your employer’s workers’ compensation insurance coverage is responsible for your benefits — not your employer. This is why it is crucial to work with a knowledgeable South Carolina workers’ compensation attorney to help ensure the insurance company takes your claim seriously. We can help.
Who is Required to Carry Workers’ Compensation Insurance in Fort Mill & Greenville, SC?
At the David W. Martin Law Group, our South Carolina workers’ compensation attorneys know, with limited exceptions, the state requires businesses with four or more employees to have workers’ compensation insurance in case of accidents and injuries that occur in the workplace.
Companies that do not have to carry workers’ compensation in South Carolina include employers with:
- Less than $3,000 in annual payroll
- Agricultural employees or those selling agricultural products
- Railroad or railway express company employees
- Licensed real estate agents working for a broker
- Federal employees of the state
- Individuals in business partnerships and sole proprietors
If you work for a company that does not fall under one of these exempt categories, you may be eligible to file a workers’ compensation claim in South Carolina, and our York County attorneys can help you complete the process, so you are not left facing a devastating denial for your financial recovery needs.
What Are the Most Common Causes of Workers’ Compensation Accidents in Fort Mill, Rock Hill & Greenville, SC?
Workers’ compensation claims in South Carolina are often the result of an injury that occurred because of an employer’s negligence. However, workers in South Carolina do not have to prove negligence to pursue workers’ compensation.
According to the National Safety Council, some of the most common types of workplace accidents and injuries include:
- Contact with equipment.
- Exposure to harmful substances or environments.
- Falls from heights.
- Fires and explosions.
- Getting caught in or between machines, devices, or tools.
- Repetitive motion injuries.
- Slips, trips, and falls.
- Struck by an object.
- Vehicle collisions.
- Workplace violence.
No matter how your South Carolina workplace injury occurred, you are going to need help pursuing the workers’ compensation benefits you are entitled to for your injuries. Our skilled South Carolina workers’ compensation attorneys can help you navigate the process and remove any obstacles the insurance company puts in your way.
Your at-work injury is unique and requires an experienced approach to pursuing the workers’ compensation recovery you deserve, so you can focus on getting the care you need to return to your previous quality of life.
Our Fort Mill & Greenville, SC Personal Injury Law Firm at the David W. Martin Law Group Provide the Following Practice Area:
- Auto Accident
- Bicycle Accident
- Boat Accident
- Dog Bite
- Motorcycle Accident
- Pedestrian Accident
- Truck Accident
- Wrongful Death
- Slip & Fall
- Workers’ Compensation
- Medical Malpractice
- Sexual Abuse
- Nursing Home Negligence
What Types of Injuries Does South Carolina Workers’ Compensation Insurance Cover?
At the David W. Martin Law Group, our Fort Mill & Greenville workers’ compensation lawyer understands that getting hurt at work can be a life-changing experience.
Whether your injury occurred during a Fort Mill & Greenville, SC slip and fall accident in a warehouse or from doing the same job and movements over time, we can help you pursue your employer’s coverage for the financial compensation that will make you whole again.
South Carolina workers’ compensation insurance is designed to cover the injured worker’s medical costs from at-work accidents, including:
- Physical injuries
- Treatment for work-related illnesses caused by harmful substances
- Repetitive stress injuries that develop over time, including Carpal tunnel
- Lost wages for the time away from work to heal
- Ongoing care costs, including multiple surgeries or physical therapy
- Disability benefits for permanently disabled employees
- Funeral costs, should a work-related accident or illness lead to a fatality
- Benefits for the employee’s beneficiaries if there is a loss of life from a work-related cause
As your employer’s workers’ compensation coverage carrier tries to avoid potentially expensive liability for your injuries, they may contest your claim by delaying, devaluing, or outright denying your claim.
Our Greenville County workers’ compensation attorney in Fort Mill & Greenville, SC will use our experience to fight for your right to compensation and pursue the best financial outcome available for your unique case.
What Are the Most Common Types of Workers’ Compensation Injuries in Fort Mill, Rock Hill & Greenville, SC?
No one is exempt from at-work injuries occurring when there are hazardous conditions placing employees in danger.
Some of the most common injuries that occur during work accidents can include, but are not limited to:
- Severe cuts or punctures
- Sprains and strains
- Crushed fingers, hands, arms, or legs
- Fractured or broken bones
- Heat-related illnesses
- Joint, muscle, nerve, and ligament injuries
- Head injuries, including concussions and Traumatic Brain Injuries
- Amputation or limb loss
- Scarring and disfigurement
- Wrongful death
The first step in pursuing a successful workers’ compensation claim is to seek medical treatment immediately after the injury occurs. Even if you are unsure of the extent of your injuries, if you have been involved in a work accident, go to the doctor right away.
An employee who refuses initial treatment may lose his or her rights to workers’ compensation benefits.
Do I Have to Prove My Employer Was At Fault for My Injuries to Pursue Workers’ Compensation Benefits in South Carolina?
South Carolina operates under a no-fault workers’ compensation system. This means, with exceptions like reckless behavior and drug or alcohol use, you do not have to prove your employer was negligent, or in any way at fault, for your workplace injuries to pursue workers’ compensation benefits in South Carolina.
What Type of Workers’ Compensation Benefits Am I Entitled to in South Carolina?
South Carolina workers’ compensation benefits include medical care, lost wages, and permanent disability.
The amount of benefits you receive depends on many factors including the average weekly wages you received from your employer before the injury, the extent of your injuries, and your ability to continue working.
If you are eligible to receive temporary total compensation, workers’ compensation will provide 66 2/3% of your average weekly wages based on the four quarters before your injury, but no more than the maximum average weekly wage determined yearly by the South Carolina Department of Employment and Workforce.
If you were working more than one job at the time of the accident you may include those wages in calculating your average weekly wage.
What is the Statute of Limitations for Filing a Workers’ Compensation Claim in South Carolina?
With very few exceptions, the overarching rule is that workers have two years from the date of their workplace injury to bring a claim before the South Carolina Workers’ Compensation Commission.
However, the longer you wait to file a claim, the more likely it will be that your employer denies the fact that your injuries occurred in the workplace. And they just might have a case. Never wait to report your injuries to your employer, or delay pursuing workers’ compensation benefits. We can help streamline your claim, so you can focus on your recovery.
Can I Be Fired for Filing a Workers’ Compensation Claim in South Carolina?
South Carolina law prohibits an employer from firing an employee in retaliation for filing a workers’ compensation claim. If you believe your South Carolina employer retaliated against you for filing a workers’ compensation claim, you may be eligible to file a secondary legal claim.
Contact Our Workers’ Compensation Lawyers in Fort Mill, Rock Hill & Greenville, SC consultation.
Getting injured at work can change your life in seconds. Not only are you injured, but you are then forced to pursue the company on which your livelihood depends on financial recovery, which can be uncomfortable and intimidating.
Contact our experienced Personal Injury Attorney in Fort Mill by calling (803) 548-2468 today to schedule a consultation and remove yourself from the claim’s direct involvement, so you can focus on taking the time you need to pursue the medical care you require to get your life back on track.