Workers’ Compensation Lawyer in Mount Pleasant, SC
Dedicated Workers’ Compensation Lawyer Fighting for Victims of Occupational Injuries in South Carolina
From the sterile hospital hallway to the noisy construction job site, a workplace accident can happen in the blink of an eye. In 2020, employers across the U.S. reported 2.7 million cases of workplace injuries and illnesses, according to the Bureau of Labor Statistics.
Following a workplace injury, you may not be able to return to work right away. You may need treatment and your doctor’s permission before resuming work. You may even be permanently restricted from returning to work at all.
Any of these situations can cause financial difficulties for you and your family as you seek to pay for necessary treatment while meeting your daily expenses.
South Carolina’s workers’ compensation laws may provide compensation to you. Accessing these benefits, however, is not always easy to do. A workers’ compensation lawyer from Lowcountry Law, LLC can assist you in navigating the workers’ compensation laws and receiving monetary benefits.
Lowcountry Law, LLC provides free initial consultations to all its workers’ compensation clients, so we can show you how we will help resolve your case in Mount Pleasant, Myrtle Beach, and Charleston.
Workers’ Compensation Laws in South Carolina
South Carolina law establishes the workers’ compensation system. This system requires most employers to provide this sort of coverage for its employees. Workers’ compensation provides monetary benefits to covered employees who are injured or become ill while on the job.
In many cases, workers’ compensation benefits are available no matter the type of injury or illness. Whether you trip and break your ankle while going up stairs or you inhale toxic fumes and develop an infection, you would still be eligible for workers’ compensation benefits.
Workers’ compensation benefits are also available even if you may have caused or contributed to your injury incident. Similarly, these benefits are available if you are hurt by the negligence of someone else who is not an employee of your company. All that is required is that the injury or illness occurs while you are at work and on the job.
Speak with a Mount Pleasant workers’ compensation lawyer if you have questions about whether your workplace injury accident is covered.
How a Mount Pleasant Workers’ Compensation Lawyer Can Help You
Unfortunately, even though your injury may occur while you are at work, you may still have trouble obtaining workers’ compensation benefits.
Your claim may be denied if the available evidence does not clearly establish your injury happened during the course of your employment. Compensation benefits may also be denied if your employer is not participating in the workers’ compensation program.
Your employer may not provide workers’ compensation benefits to you if:
- You are an independent contractor and not an employee of your employer
- Your employer has fewer than four employees
- Your employer’s annual payroll is less than $3,000
- You are an agricultural worker accepted from Farm Labor laws
- You are a railroad employee exempted from the Federal Employers Liability Act
These exemptions to the general rule that employers must carry workers’ compensation coverage for their employees can be difficult to understand. Your workers’ compensation lawyer is available to determine whether these valuable benefits are available to you and what can be done if they are not available in your case.
Benefits Available Under South Carolina’s Workers’ Compensation Laws
Workers’ compensation benefits are meant to pay for the costs associated with a workplace injury or illness. This includes the costs of treatment necessary to heal from your injuries as well as certain wages or pay you could not earn during your recovery.
Specifically, workers’ compensation benefits may cover:
Medical Expenses and Treatment Expenses
Minor injuries may still require multiple trips to a doctor’s office for diagnosis, treatment, and monitoring. More extensive injuries will, of course, require more extensive and expensive treatment. This could include stays in a hospital, imaging scans, and months of rehabilitative services.
These are all expenses that can be covered through a workers’ compensation claim in South Carolina. Your workers’ compensation lawyer can help in gathering supporting documents to show the medical necessity of your treatments. Your attorney can also assist in locating appropriate treatment providers if needed.
Benefits for Lost Wages
If you are unable to return to your previous job, or if you are unable to return to work at all, you may be entitled to compensation for this loss as well. If you are partially disabled and unable to return to your previous work, but must accept a lower-paying position while you heal, the benefit received will be a percentage of the difference in wages between your previous and current positions.
If you are completely disabled and unable to return to work, your benefit will equal a percentage of your average wages prior to your accident. In most cases, you can receive such benefits for up to 500 weeks or approximately ten years.
However, if you suffer certain catastrophic injuries like severe brain damage or paralysis, the benefits may last for your lifetime.
Finally, if a worker dies due to a workplace injury or incident, that worker’s surviving family members may be entitled to a percentage of the worker’s average salary. In this situation, the surviving family members may also receive reimbursement for burial costs.
Lowcountry Law, LLC’s experienced workers’ compensation lawyer in Mount Pleasant can review your wage statements during your free case consultation. This review will enable us to provide you with more specific calculations as to the wage benefits you might receive.
Receiving South Carolina Workers’ Compensation Benefits Begins with a Claim
The process of receiving workers’ compensation benefits following a workplace accident begins by seeking emergency medical treatment, if necessary. Blows to the head, broken bones and other similar injuries should be promptly evaluated by a medical professional. Your employer should be able to direct you to an appropriate provider.
As soon as you are able to do so, you should notify your employer in writing of the workplace injury. You have 90 days from the date of your accident to report the accident. However, you do not have to report your accident if your employer already knows of the accident or you are physically or mentally unable to do so.
Once you report your accident to your employer, your employer is supposed to file the appropriate claim paperwork with the South Carolina Workers’ Compensation Commission. But if your employer fails to do so or refuses to file the claim paperwork, you are able to complete the forms yourself and submit them to the Commission.
Finally, if the Commission decides to deny your claim, you will need to request a hearing to have your claim reconsidered. Your workers’ compensation lawyer can assist you in this hearing by presenting medical evidence and other testimony in support of your claim.
Your Workers’ Compensation Law Firm in Mount Pleasant
Lowcountry Law, LLC is your knowledgeable and compassionate workers’ compensation law firm in Mount Pleasant. Our firm has been recognized as a Platinum Client Champion by Martindale-Hubbell, and our attorney Matthew Breen is a 2020, 2021, and 2022 SuperLawyer.
If you have been injured on the job, trust us to help ensure your workers’ compensation claim proceeds smoothly. Contact our office without delay and request your complimentary case review with our legal team.