Get the Help You Need from a SC Workers Comp Attorney

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Posted Nov 10, 2024

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Interior of the Cathedral of St. John the Baptist in Charleston, South Carolina
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A SC workers comp attorney can help you navigate the complexities of the workers' compensation system in South Carolina. They can guide you through the application process and ensure you receive the benefits you're entitled to.

In South Carolina, workers' compensation benefits typically cover two-thirds of an injured worker's average weekly wage, up to a maximum amount set by the state. This amount is adjusted annually to reflect changes in the cost of living.

If you've been injured on the job, it's essential to seek medical attention right away. In South Carolina, workers' compensation law requires employers to provide medical benefits to injured workers, including payment for doctor visits, hospital stays, and other medical expenses.

What to Do After an Injury

If you're injured on the job in South Carolina, you should report the injury to your employer in writing immediately. This step is crucial to accessing the benefits you're entitled to.

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Notify your employer, a supervisor, or a manager right away if you suffer an on-the-job injury. This can be as simple as filling out an incident report or sending a written notice to your HR department.

Seek medical care as soon as possible after the accident. Your employer may have a first aid kit on-hand to administer basic care, but it's essential to get a proper medical evaluation to ensure you receive the right treatment.

Get a medical evaluation no matter how you feel after your accident. Some injuries won't present symptoms right away but can result in chronic issues if they aren't treated.

Follow your doctor's orders as closely as possible, and keep all of your medical bills for your case. This documentation will be crucial in supporting your workers' compensation claim.

You should also request an "off work slip" if you can't immediately return to work. This will help your employer understand your situation and make necessary accommodations.

Here are some benefits you may be entitled to as an injured worker in South Carolina:

  • Medical expenses
  • Compensation for permanent partial or total disability
  • Lost wages
  • Out-of-pocket costs related to medical treatment

Remember, there are time limits for filing workers' compensation claims, so it's essential to act quickly and seek the help of a qualified SC workers comp attorney if you need guidance.

Understanding Workers Comp

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If you've been injured on the job, you're entitled to workers' compensation benefits, regardless of who was at fault.

Reporting your work injury promptly is critical to receiving the compensation you deserve. Delays can jeopardize payment of medical fees and other compensation you may be entitled to under South Carolina law. Under no circumstance should you wait to report an incident to your supervisor.

You generally have up to two years to file a claim after reporting the accident or injury.

Here are some examples of types of injuries that are covered by workers' compensation:

  • Various bodily injuries (knee, arm, hand, foot, back, neck, rotator cuff)
  • Annular tears, bulging discs and herniated discs
  • Burns and injuries suffered in fires and explosions
  • Reflex sympathetic dystrophy (RSD)
  • Complex regional pain syndrome (CRPS)
  • Asbestos exposure and other occupational diseases
  • Chemical burns and toxic chemical exposure
  • Disfigurement, scarring, lost limbs and amputations
  • Eye injuries and hearing problems
  • Work-induced heart attacks and work-induced strokes

Keep in mind that there are certain injuries or claims that are not covered, called preclusions. Any injury sustained outside of work, or outside the scope of your duties at work, would fall under preclusion.

Claim First Steps

Notify your employer immediately if you suffer an on-the-job injury, as this is a crucial first step in the workers' compensation process.

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You have 90 days to inform your employer in South Carolina, so don't wait too long.

Reporting your injury in writing will help ensure that your employer has a record of the incident.

Employers should have a plan in place for when accidents happen, so they know what to do.

After reporting your injury, you'll need to seek medical attention and follow up with your doctor as scheduled.

You should receive 2/3 of your weekly wage after the first week of being put out of work, as long as your doctor keeps you out of work for the requisite time period.

If your doctor puts you on light duty, you must return to light duty work at your job, as long as your employer can offer the light duty work.

To ensure that you obtain maximum compensation, you should file an injury report and make a claim for workers' compensation benefits as soon as you're injured.

You'll need to include relevant information, such as the place of injury, date and time, and how the injury occurred, when filing your claim.

A list of witnesses who can vouch for your work-related injury may also be helpful to include.

By following these first steps, you can set yourself up for success in the workers' compensation process and ensure that you receive the benefits you deserve.

Appealing a Denial

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If you've been denied benefits and believe the decision was in error, you can request a hearing before the SCWCC. Form 50, a special form that must be submitted to appeal the decision, should be completed before the hearing.

Hearings are held before one of seven commissioners and are much like a civil trial, but somewhat less formal. Both sides can introduce evidence, which the commissioner will consider in rendering their decision. You can appeal the commissioner's decision to a panel of three commissioners on an appellate panel.

If you're unsure about the appeals process, consider hiring a lawyer who can guide you through it. Most mediation takes place prior to a formal trial before the South Carolina Workers' Compensation Commission.

Here are some common reasons why workers' comp claims are denied:

  • Failure to report the injury
  • Improper or untimely filing of your claim
  • Employer or insurance company disputes your claim
  • The injury is not compensable
  • You did not receive medical treatment

Reasons for Denied Claims

If you've received a denial letter from the South Carolina Workers' Compensation Commission, it's essential to understand the reasons behind the denial. You have up to 90 days to report a work-related injury in South Carolina.

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Failing to report the injury promptly is a common reason for denied claims. In some cases, determining when the reporting period began can be complicated. You should speak to a qualified lawyer to ensure you don't forfeit your claim.

Proper and timely filing of your claim is also crucial. Your employer must inform the state or their insurance carrier of your injury within a specified period.

Employer or insurance company disputes are another reason for denied claims. Your employer may claim that your accident happened outside of work, was the result of horseplay or intentional conduct, or is related to a pre-existing injury and not related to your employment.

The injury may not be compensable, especially if it's a stress-related injury like PTSD. Currently, no law in South Carolina allows compensation for work-related PTSD.

You must receive medical treatment for your injury or work-related health condition to obtain benefits.

Appealing a Denial

If you've been denied workers' compensation benefits, don't give up hope. You can appeal the decision, but you need to act quickly.

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To appeal a denial, you'll need to submit a special form called Form 50 to the South Carolina Workers' Compensation Commission (SCWCC). This form must be completed before a hearing can take place.

A hearing is like a civil trial, but less formal. You'll have the chance to present evidence to a commissioner, who will make a decision based on what they hear.

The commissioner's decision can be appealed further to a panel of three commissioners, and even to the South Carolina Court of Appeals and the Supreme Court of South Carolina.

You can also consider mediation as an alternative to a formal trial. This is a less formal and often less costly way to resolve the dispute, and it can be done at any time during the appeals process.

Here are some common reasons why workers' compensation claims are denied:

  • Failure to report the injury within 90 days
  • Improper or untimely filing of the claim
  • Employer or insurance company disputes the claim
  • The injury is not compensable
  • You did not receive medical treatment

If you're unsure about the appeals process or need help navigating the system, consider hiring a lawyer who specializes in workers' compensation claims. They can help you avoid costly mistakes and ensure you receive the full amount of benefits you're entitled to.

If this caught your attention, see: Comp Sci Help

Hiring a Lawyer

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Hiring a lawyer can be a crucial step in securing fair compensation for your work-related injury. You should hire a workers' compensation lawyer as soon as possible if your employer denies your claim for benefits.

The settlement offer doesn't cover all your medical bills and lost wages, which can happen if the insurance company is trying to save money. In these cases, a lawyer can help you negotiate a better settlement.

Here are some reasons why you should hire a workers' compensation lawyer:

  • Your employer denies your claim for benefits.
  • The settlement offer doesn't cover all your medical bills and lost wages.
  • You have sustained an injury that requires surgery.
  • You are no longer able to return to work on a regular basis in your current job.
  • You have a pre-existing condition or disability.
  • You want to make sure you get the best settlement possible.
  • You receive Social Security Disability.
  • You are fired, demoted or given a reduction in hours or pay because you filed a workers' compensation claim.
  • You suspect that you have a claim against a third party.

Key Information

In South Carolina, most employers are legally required to carry workers' compensation insurance.

The workers' compensation system is designed to be fair to both injured employees and their employers, providing financial assistance to those who have been injured on the job.

If you're injured at work, you'll likely need to notify your employer and receive treatment from doctors they select.

You may be entitled to receive 2/3 of your weekly wage after the first week of being put out of work.

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If your doctor puts you on light duty, you must return to light duty work at your job, as long as your employer can offer the light duty work.

Working with an experienced lawyer can help you avoid costly mistakes and ensure you receive the full amount of benefits you're entitled to.

An experienced attorney can help you navigate the workers' compensation process and ensure you get the proper settlement and benefits to which you are entitled.

It's essential to understand your rights as an injured worker, and an experienced lawyer can guide you through this process.

If you've been harmed on the job, it's crucial to act quickly and seek help from a knowledgeable attorney who can protect your interests.

Hiring a Lawyer for Your Claim

Hiring a lawyer for your workers' compensation claim can be a crucial step in ensuring you receive the benefits you're entitled to. If your employer denies your claim, you should hire a lawyer as soon as possible.

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Many employees are reluctant to appeal the denial of benefits for fear of retaliation, but you have rights. A lawyer can help you navigate the process and ensure you receive a fair settlement.

You should also consider hiring a lawyer if your settlement offer doesn't cover all your medical bills and lost wages. Don't rely on the workers' compensation judge to ensure you receive a fair settlement - a lawyer can help you negotiate a better deal.

If you've sustained an injury that requires surgery, or you're no longer able to return to work on a regular basis, a lawyer can help you fight for the benefits you need.

Here are some reasons to hire a lawyer for your workers' compensation claim:

  • Your employer denies your claim
  • The settlement offer doesn't cover all your medical bills and lost wages
  • You've sustained an injury that requires surgery
  • You're no longer able to return to work on a regular basis
  • You have a pre-existing condition or disability
  • You want to make sure you get the best settlement possible
  • You receive Social Security Disability
  • You're fired, demoted, or given a reduction in hours or pay because you filed a workers' compensation claim
  • You suspect you have a claim against a third party for your work-related injury

Testimonials

Working with a lawyer can be a game-changer for your workers' compensation claim. They can help you navigate the complexities of the system and ensure you receive the full amount of benefits you're entitled to.

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Many people have had positive experiences with lawyers who truly care about their clients. For example, one client praised their lawyer, saying "They actually care about their clients. They understand the stress these cases bring, especially for someone like me that suffers from PTSD."

A good lawyer will be professional, courteous, and understanding. They'll take the time to listen to your concerns and answer your questions. As one client put it, "I was very impressed with how professional, courteous, and understanding all staff was with my family and myself."

One of the biggest benefits of hiring a lawyer is that they can help you avoid costly mistakes. As one article points out, "Due to the many complexities and legal nuances involved, unrepresented workers are at risk of receiving an unfair award that is far below what they're actually entitled to."

Many lawyers go above and beyond to help their clients. For example, one client praised their lawyer, saying "They truly go above and beyond to help, even after they've helped with your claim." This kind of dedication can make a huge difference in the outcome of your case.

If you're considering hiring a lawyer, look for one who will treat you like family. As one client put it, "They treat you like family. They are always available when you need them." This kind of personal attention can make a big difference in how you feel about the process.

For another approach, see: Comp Sci vs Comp Eng

Areas We Serve

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We serve a wide range of areas in South Carolina, including major cities like Charleston and Columbia. Our workers' compensation attorneys are familiar with the local laws and regulations that apply to these areas.

We have a strong presence in the Lowcountry, with offices in cities like Beaufort and Bluffton. Our team is well-versed in the unique challenges and opportunities that come with practicing law in these coastal communities.

We also serve areas in the Midlands, including cities like North Augusta and Lexington. Our attorneys are knowledgeable about the local courts and judges, which helps us to provide the best possible representation for our clients.

We have a significant presence in the Charleston area, with multiple offices in the city and surrounding suburbs. Our team is highly experienced in handling workers' compensation cases in this region.

We serve a number of smaller towns and cities throughout the state, including Edisto Beach, Ehrhardt, and Estill. Our attorneys are committed to providing the same high level of service to our clients in these areas as we do in the larger cities.

We also serve areas in the northern part of the state, including cities like Myrtle Beach and North Myrtle Beach. Our team is familiar with the local laws and regulations that apply to these areas.

Frequently Asked Questions

Does workers comp pay for pain and suffering in South Carolina?

No, workers' compensation in South Carolina does not cover pain and suffering. If you've been injured on the job, learn more about the benefits you may be eligible for, including medical expenses and lost wages.

What is the maximum workers compensation rate in South Carolina?

The maximum weekly workers' compensation rate in South Carolina is $1,093.67 for injuries occurring on or after January 1, 2024. This rate applies to all workers' compensation claims filed in the state.

Is South Carolina a no-fault state for workers' compensation?

Yes, South Carolina is a no-fault state for workers' compensation, meaning fault or negligence is not considered when determining eligibility for benefits. This system focuses on providing compensation for work-related injuries, regardless of who is at fault.

Landon Fanetti

Writer

Landon Fanetti is a prolific author with many years of experience writing blog posts. He has a keen interest in technology, finance, and politics, which are reflected in his writings. Landon's unique perspective on current events and his ability to communicate complex ideas in a simple manner make him a favorite among readers.

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