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715 Congaree Rd, Greenville, SC 29607 | 864-407-4000 | Map & Directions
Serving Greenville, SC Work Accident Victims
If you’ve experienced a work-related injury or illness, you may qualify for benefits according to your state’s workers’ compensation regulations. In South Carolina, most employers must offer this type of coverage. Whether your injury stems from an accident or your actions, our dedicated workers’ comp attorneys in Greenville, SC, are ready to help you obtain the compensation you deserve.
At George Sink, P.A. Injury Lawyers, we serve as your trusted ally in Greenville, South Carolina, for matters related to workers’ compensation. We recognize the difficulties and intricacies of securing workers’ compensation benefits and take a comprehensive approach by meticulously examining your claim to ensure you receive the entitled benefits. Discover how our workers’ compensation lawyers in Greenville, SC, can help you in the pursuit of justice. Give us a call today at 864-407-4000 to request a complimentary case evaluation.
Injured at Work and Don’t Know What To Do?
When you’ve been injured while on the job, acting promptly and decisively to safeguard your rights and guarantee you receive the necessary assistance is crucial. Here are the essential steps to take if you find yourself injured at your workplace:
1. Promptly Report the Injury:
As soon as you experience a work-related injury, notify your employer. Whether it’s a minor incident or a more severe injury that requires immediate medical attention, informing your employer is a critical initial step. Depending on your workplace’s size and structure, this may involve notifying your supervisor, manager, or a member of the Human Resources department.
2. Seek Immediate Medical Care:
Prioritize your health and safety by seeking medical assistance without delay. After receiving initial treatment, be sure to provide your healthcare provider with comprehensive details about your injury, letting them know that you injured yourself at work to ensure accurate documentation.
3. The Employer’s Role in Workers’ Compensation:
Typically, your employer initiates the workers’ compensation claims process. They must report the injury to their workers’ compensation insurance provider. This is not just a formality but a critical step in ensuring you receive the benefits and support you’re entitled to. However, there are situations where this process may unfold differently than expected. Your employer may deny the incident or neglect to file the necessary paperwork on your behalf. Or, you might discover that you are receiving only some of the expected benefits.
If your employer doesn’t initiate the claims process, you may need to take the initiative yourself. Seek guidance from your state’s workers’ compensation board or consult with legal counsel to help navigate the process. Enlisting the services of an experienced workers’ compensation attorney in Greenville, SC, can be highly valuable. We can assist you in understanding your rights, evaluating the situation, and guiding you through the process to ensure you receive the compensation and benefits you rightfully deserve.
When To Hire a Workers’ Comp Attorney?
A workers’ compensation attorney in Greenville can positively impact your case. Not every situation needs a lawyer, but there are clear signs when you should get professional help to ensure you receive the right compensation and benefits:
- When Your Claim Is Denied or Delayed by Your Employer
- If You Don’t Receive Enough Benefits
- If You’re Getting Social Security Disability
- If Your Boss Punishes You for Asking for Help
- When the Insurance Company Won’t Help
- If You Have to Go to a Workers’ Compensation Hearing
Are You Eligible for Worker’s Compensation in Greenville, SC?
You are typically eligible for benefits if you experience a work-related injury or illness while on the job. The main requirements are that the injury or illness must be directly caused by your job, either at work or due to work-related factors, and it must not be self-inflicted. South Carolina law ensures that most employees, with some specific exceptions, have access to the protective and supportive benefits offered by workers’ compensation. It serves as a vital safety net, assisting workers and their families during challenging periods.
In South Carolina, a general rule is that businesses employing four or more individuals must have workers’ compensation coverage. This rule encompasses both full-time and part-time workers, as well as family members working for the business. However, some exceptions to this requirement exist. Casual employees, employees of businesses with fewer than four employees, or an annual payroll of less than a specified pay rate do not typically qualify for receive workers’ compensation coverage. Specific categories of workers, such as agricultural employees, state and county fair association employees, railroad workers, and federal employees, may also be exempt from this requirement.
What Workers’ Compensation Benefits Can You Receive?
If you’ve experienced an injury or illness while working in Greenville, South Carolina, clearly understanding the available benefits is crucial for your financial and physical well-being. Workers’ compensation benefits in South Carolina fall into three key categories: medical benefits, compensation for lost wages, and permanent disability benefits. It’s important to note that, unlike some personal injury cases, there is no provision for recovering damages related to pain and suffering under the South Carolina Workers’ Compensation Act.
1. Medical Treatment and Associated Expenses: If you’ve sustained an injury at your workplace, workers’ compensation covers the costs of your medical treatment and related expenses. This includes expenses for doctor’s visits, surgical procedures, medications, physical therapy, and any other necessary medical care directly connected to your workplace injury or illness.
2. Compensation for Lost Income: When your injury or illness prevents you from working, you can receive compensation to help offset the income you’ve lost during this period. While workers’ compensation benefits may not fully replace your entire income, they offer crucial financial support to help you meet your financial needs while you recover.
3. Permanent Total Disability and/or Permanent Partial Disability: In cases where your injury results in a permanent disability that affects your ability to work, you may be eligible for permanent disability benefits. The extent and nature of your disability will determine the compensation you receive.
4. Funeral and Burial Benefits: Workers’ compensation also provides funeral and burial benefits to assist the grieving family if a worker dies in a workplace accident.
You may also qualify for additional compensation beyond workers’ compensation in certain situations. Although you cannot file a lawsuit against your employer, if a third party (not your employer) played a role in causing your workplace injuries, you may have the option to hold that party responsible. Successful claims against third parties can result in compensation for:
- Medical bills not covered by workers’ compensation
- Lost wages not covered by workers’ compensation
- Ongoing care costs
- Out-of-pocket expenses related to your injury
- Damages for pain and suffering
Does Workers’ Comp Pay Full Salary in Greenville, SC?
Workers’ compensation only partially replaces your salary. In cases where you suffer a workplace injury or illness requiring medical treatment and preventing you from working, financial assistance becomes crucial to cover medical expenses and daily living costs.
In South Carolina, you’re eligible to receive approximately 66.67% of your average weekly wage as compensation for your inability to work. However, it’s worth noting that the South Carolina Department of Employment and Workforce (DEW) imposes certain constraints.
The DEW establishes an annual maximum limit on the weekly amount you can receive through workers’ compensation benefits. Since this maximum limit can change from year to year, your benefit might be less than 66.67% of your weekly wage if your earnings exceed the DEW-set limit. Additionally, if you hold more than one job, the average weekly salary from your additional job(s) may influence the benefit calculations. While workers’ compensation provides crucial financial support during your recovery, it may only partially replace your total salary.
What Does Workers’ Compensation Not Cover in Greenville?
Workers’ compensation is a vital source of financial support for medical expenses and helps bridge the financial gap during your work absence. However, it’s crucial to understand that it doesn’t encompass the losses typically associated with personal injury lawsuits.
In South Carolina, workers’ compensation operates under stringent state laws. Unlike personal injury cases where compensation is determined by judges, juries, or negotiated settlements, workers’ compensation benefits follow predetermined payout rates and procedures. As a result, several kinds of damages available in civil lawsuits, including pain and suffering are unavailable through a workers’ compensation claim.
If an external third party is responsible for your injury or illness, you may have the option to initiate a separate lawsuit against them to seek damages that go beyond what workers’ compensation provides. Our workers’ comp lawyers in Greenville, SC, can help you explore potential legal avenues when a third party is involved in your workplace injury or illness.
Can You Be Fired if You File a Workers’ Comp Claim or While You Are on Workers’ Comp?
Workers’ compensation laws offer vital protections to employees facing workplace injuries or the diagnosis of occupation-related illnesses. One significant safeguard is the assurance that employees cannot face job termination while receiving workers’ compensation benefits. It’s important to note that this protection specifically pertains to the job for which workers sought workers’ compensation coverage, thereby preventing employer retaliation following a workplace injury or illness.
While these legal safeguards are firmly in place, injured employees must proactively assert their rights and secure the workers’ compensation benefits they are rightfully entitled to. In South Carolina, employers can be subject to financial penalties for retaliatory actions against employees who file a workers’ compensation claim.
In cases where complications or disputes arise regarding your workers’ compensation claim, it may become necessary to seek legal representation. An experienced workers’ compensation attorney in Greenville, SC, can act as your advocate, ensuring the preservation of your rights and the receipt of benefits as prescribed by the law.
How to Apply For Workers’ Compensation?
In Greenville, South Carolina, the procedure for initiating a workers’ compensation claim starts when your employer reports a workplace accident or injury to the South Carolina Workers’ Compensation Commission (SCWCC). However, there are circumstances where you might need to take the initiative to file a claim or request a hearing with the SCWCC. Such instances may arise if your employer neglects to report the incident, the insurance company denies your claim, or you believe you have not received the full benefits owed to you.
If you encounter a situation necessitating the independent filing of a workers’ compensation claim or a hearing request, here are the steps to follow:
1. Complete the requisite form: If you are filing for a work-related injury or fatality, you must fill out either Form 50 or Form 52, respectively.
2. Specify your intent for a hearing: On the claim form, you can express your desire to request a hearing with the SCWCC. This is a critical step if you believe a hearing is essential for addressing issues linked to your claim.
3. Attend the hearing: If a hearing is scheduled, a commissioner will preside over the proceedings and determine your case. It’s vital to arrive prepared with all necessary documentation and evidence to support your claim.
4. Contemplate an appeal: If you are dissatisfied with the commissioner’s decision, you can file an appeal. A panel of commissioners will review your case to reassess the decision.
Inaccuracies or omissions in the paperwork could hinder your workers’ compensation claim, making careful attention to detail imperative. When your employer fails to notify the insurance company of your injury, you have alternative recourse. You can directly contact the SCWCC and submit a form detailing the nature of your on-the-job injury.
Another valuable course of action is to seek guidance from an experienced Greenville workers’ comp attorney who can assist you in navigating South Carolina’s workers’ compensation system. Given the intricacies of the process, obtaining legal assistance can be a prudent move to ensure effective navigation of the system and the receipt of your entitled benefits. An attorney can address your inquiries, offer counsel, and safeguard your rights during the claims process.
Why Would a Workers’ Comp Claim Be Denied and What Should You Do?
If your request for workers’ compensation in Greenville, South Carolina, is turned down, it’s important to act quickly to protect your rights and get the support you deserve. Claims can be denied for reasons like missing deadlines, mistakes in their categorization, problems with your behavior, or insufficient evidence.
When your claim is denied, it’s a good idea to get help from an experienced Greenville workers’ compensation attorney immediately. They can assist you in the appeals process.
The first step to deal with a denial is to ask for a hearing. You can do this by contacting the commissioner’s office and requesting the right form, or you can find the form on the South Carolina Workers’ Compensation Commission (WCC) website. At the hearing, one workers’ compensation commissioner will review your case and decide whether you should receive benefits.
How Long Do You Have To Report a Work Injury in Greenville, SC?
In Greenville, South Carolina, you must promptly inform your employer if you experience a job-related injury. You should do this by notifying someone in a supervisory position, such as a manager, supervisor, or on-site nurse. Remember that telling a coworker is not the right way to report the injury. If your injury is severe and requires urgent care, it’s essential to prioritize seeking immediate medical help and then inform your employer as soon as you can.
How Long Does an Average Workers’ Comp Claim Take?
The time it takes to sort out a workers’ compensation claim in Greenville, South Carolina, can differ for each person. These claims involve waiting for the person who got hurt and the insurance company to determine the right benefits.
This means that the amount of time it takes can be very different. Some cases get resolved in less than six months, while others can take two years or even longer. How long it takes depends on how complicated the case is, how bad the injury is, and if there are any arguments or legal actions.
Get help from an experienced workers’ compensation lawyer in Greenville, SC, to navigate the process well and ensure you get the benefits you’re supposed to get.
How Long Does It Take To Get Workers’ Comp Checks?
Employees may receive their weekly workers’ compensation payments a couple of weeks after submitting their claim. Before this, the insurance company must examine the claim before making payments, which might lead to additional waiting time.
It’s worth mentioning that there is no waiting period for medical care benefits. Workers’ compensation is obligated to cover the costs of medical treatment right from the beginning of the injury. If your employer’s insurance refuses to cover medical treatment during this time, it’s a good idea to reach out to a Greenville workers’ comp attorney.
How Long Can You Collect Workers’ Comp Benefits?
The duration of workers’ compensation benefits can differ based on factors like your ability to work, the severity of your injury, and the medical care you require. In general, these benefits can last for as long as 500 weeks. However, if you have a permanent and total disability (like paralysis or a severe brain injury), benefits may be provided for life.
Benefits might stop when your doctor agrees that you can return to work, with or without certain restrictions, or when you’ve reached the highest point of medical improvement. It’s important to remember that the length of time you receive workers’ comp benefits depends on the particular circumstances of your injury.
What if You Can’t Return to Your Job After an Injury?
Most employees in South Carolina are “at-will” employees, which means they can be fired for various reasons, as long as it’s not in response to filing a workers’ compensation claim. It’s crucial to know that while you’re off work due to a work-related injury, you could still be terminated for a variety of reasons, including:
1. Job Necessity: If your role was critical to your employer’s business, they had to replace you, and there are no other suitable positions available.
2. Impairment Rating: If you’ve received an impairment rating after reaching Maximum Medical Improvement (MMI) and can no longer meet the company’s job requirements.
3. Workplace Adjustments: If your employer cannot afford to change the workplace to accommodate your restrictions or impairment.
4. Policy Violations: If you’ve breached company policies or engaged in misconduct.
5. Frequent Absences or Tardiness: If you have a history of excessive absences or being late.
6. Substance Use: If you’ve used drugs or alcohol on the job.
7. Inappropriate Behavior: If you’ve shown violent or inappropriate behavior at work.
If you suspect that you were fired in retaliation for filing a workers’ compensation claim, it’s important to seek advice from a Greenville workers’ compensation attorney quickly. You might have a basis for a wrongful termination lawsuit against your employer.
What Are Common Causes of Workplace Accidents in Greenville, SC?
Common reasons for workplace accidents in Greenville, South Carolina, are similar to what’s seen in workplaces nationwide. It’s important to remember that every workplace is different, but these factors often play a role in many accidents in the area:
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In 2021, there were around 34,600 work-related injuries in South Carolina. About 1,300 of these happened in the construction industry, and approximately 6,100 were in manufacturing. Certain industries, like animal slaughtering, plastics manufacturing, and metal product manufacturing, had more injuries. These details show how important it is to address workplace safety issues and implement measures to prevent accidents and injuries in the area.
What Are the Most Common Workplace Injuries in Greenville, SC?
Work-related injuries in Greenville, SC, can result in a wide range of potential harms and health issues, such as:
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What Is the Average Workers’ Comp Settlement in Greenville, SC?
Your workers’ compensation settlement is determined based on the highest weekly compensation limit established by the South Carolina Department of Employment and Workforce. As of January 1, 2023, this maximum weekly compensation limit is fixed is 66.67% of a person’s average weekly earnings, with the maximum not surpassing the average weekly earnings in the state from the previous fiscal year, as determined by the South Carolina Department of Employment and Workforce.
What Should You Watch Out for When Dealing With the Workers’ Comp Adjuster?
Dealing with a workers’ comp adjuster claim in Greenville, SC, can be tricky. Here’s a list of things to be careful about when dealing with a workers’ comp adjuster:
1. The adjuster wants you to give a recorded statement.
2. The adjuster tries to make you guess or give opinions. Stick to the facts, stay on topic, and avoid guessing.
3. The adjuster asks for too much medical information or more records than they need. Be careful about sharing extra medical details, especially about pre-existing conditions.
4. The adjuster sets up an independent medical exam (IME).
5. The adjuster says you must see a company doctor in South Carolina.
6. The adjuster blames your injury on pre-existing conditions.
7. The adjuster offers you a quick, low settlement. Think carefully and talk to a workers’ compensation attorney in Greenville, SC.
8. The adjuster doesn’t answer your questions or call you back. Good communication is important, so make sure your concerns get addressed.
9. The adjuster uses threats or pressure tactics.
10. The adjuster tells you to avoid getting a workers’ compensation attorney. Get legal advice, don’t downplay your accident or injuries, and don’t take the blame.
If you experience any of the above, reach out to our Greenville workers’ comp lawyers. Our experts can advise you on what to do and help act as a mediator between you and the adjuster.
Can You Work While on Workers’ Compensation in Greenville?
People who receive workers’ compensation benefits might have the chance to do light-duty work if the doctor says it’s okay. Light-duty jobs are usually modified, have fewer hours, and pay less than what you earned before your injury. Even though it might mean less money, you’ll still get some compensation to help make up for the difference between your current income and what you made before your workers’ compensation claim.
In South Carolina, employees can also take on another job while getting workers’ compensation benefits, but you must meet specific parameters. Before you start a second job, you must tell your old employer that you’re either quitting or taking on extra work. Even if you keep working for your old employer, you can still get workers’ compensation benefits while doing the new job.
You must inform the South Carolina Workers’ Compensation Commission (SCWCC) before you start a second job. If you don’t report the extra money you’re making while on workers’ comp, it could be seen as fraud and might have serious consequences, like hurting your record. Your Greenville workers’ comp attorneys can help you understand these rules and help you get the benefits and support you need.
Will You Have To Undergo an Independent Medical Examination (IME) for Workers Compensation?
When going through a workers’ compensation claim, it’s crucial to be aware of the possibility of having an Independent Medical Examination (IME) as part of the claims process. Similar to the investigations done by insurance companies in personal injury cases, Workers’ Compensation insurers might carefully review your medical records to evaluate your injury and recovery.
The IME is vital to this process, but the term “independent” can be misleading. The doctor who performs the IME is usually chosen and paid by your employer or their insurance company. This can raise concerns about how truly independent they are. During the examination, the IME doctor will assess your injury, its severity, and how well you recover.
It’s worth noting that an IME can sometimes hurt your workers’ compensation claim because the doctor may not necessarily be impartial. Their opinion might not align with your best interests. They might conclude that your injury has nothing to do with your work or that you can go back to work without any restrictions.
To go through this process successfully and protect your rights, it’s a good idea to talk to an experienced workers’ compensation attorney in Greenville, SC, early in your claim process. A knowledgeable attorney can advise you, help you prepare for the IME, and ensure your rights are protected throughout the workers’ compensation process.
Our Worker’s Comp Attorneys Are Ready To Serve Your Case in Greenville, SC
At George Sink, P.A. Injury Lawyers, we’re dedicated to helping you every step of the way in your workers’ compensation journey. Our extensive expertise and resources are here to assist you in understanding your rights, challenging workers’ compensation denials, and considering other options for extra compensation through third-party liability claims.
We provide free case assessments and ensure you have the information you need to make informed decisions about your financial well-being following a workplace injury. If you need guidance, don’t hesitate to contact a Greenville workers’ comp attorney at 864-407-4000 for a free and no-obligation case evaluation.