If you got hurt at work, you may be eligible for medical coverage, some lost wages, and cash benefits through workers’ compensation. Under South Carolina law, employers with four or more employees must provide workers’ compensation insurance coverage to their employees for work-related injuries or disabilities that require medical care and keep them from working. If your employer or the Workers’ Compensation Commission denied your benefits or failed to provide you with the full benefits you deserve, we want to help.
At George Sink, P.A. Injury Lawyers, our team will look into your workers’ compensation claim and offer you guidance and support to help you fight for the full benefits you deserve. Call our office today at 843-628-0100 for a free consultation regarding your workers’ compensation claim in Charleston, SC.
Our team of experienced workers’ compensation lawyers in Charleston, SC want to fight for you.
Qualifying for Workers’ Compensation in South Carolina
South Carolina law requires many employers with 4 or more employees to provide their workers with workers’ compensation insurance. This means coverage should apply to you, even if you are not sure. Some of the only industries and situations not covered by the state law may include:
- Employees of the federal government
- Workers at small businesses with fewer than four employees (with notable exceptions)
- Many railroad workers
- Certain prisoners
- Some agricultural workers
- Some temporary employees (with notable exceptions)
- Some commission-paid real estate sales people
If you are, in fact, covered by a workers’ compensation policy provided by your employer, getting the benefits you deserve rests largely on these factors:
- Providing proper notice to the employer
- Demonstrate the an injury or disability was caused in the course and scope of employment
- That the injury or disability triggers workers’ compensation coverage
- Showing that you are an employee (which can be trickier than it seems!)
Of course, things do not always go this smoothly. That’s why it’s important to get a free consultation with our workers’ compensation legal team. Try avoiding mistakes that can destroy your workers’ compensation claim.
Compensation Available to an Injured Worker in Charleston, SC
Workers’ compensation benefits are a great option to have when you cannot work to make ends meet, and you have medical bills to pay. However, it may not pay as much as you need, and it will not cover expenses and losses outside of its narrow scope.
Workers’ Compensation Benefits
Workers’ compensation policies in South Carolina may typically provide the following benefits if you suffer a workplace injury:
- Medical care and other treatment-related expenses
- Cash benefits that may cover about two-thirds of your wages
- Permanent total disability and/or permanent partial disability
- Funeral and burial benefits for families of those who die in an on-the-job accident
(There are exceptions to all of the above. Consult an attorney to help apply the law to your particular situation.)
We Will Fight Your Charleston Workers’ Compensation Denial
If your workers’ compensation coverage is denied, do not panic. We are ready to step in and fight for the full benefits you need and deserve. We will guide you through the workers’ compensation process while you focus on your physical recovery.
Depending on your work-related injury or disability, we know how to get benefits paid – even when they’re originally denied.
We will file a Form 50 on your behalf, outlining your accident and the resulting injuries. We will often negotiate your claim with adjusters and may request a hearing with the workers’ compensation commission. This may be a lengthy process, but we can help you understand what to expect every step of the way. After the Commission hears your case, we will appear before them in a special hearing where you may receive approval for benefits.
Even if the Commission refuses your workers’ compensation benefits during this step in the process, all hope is not lost. We can continue to fight for the benefits you deserve through an:
- Appeal to the full Workers’ Compensation Commission
- Appeal to the South Carolina Court of Appeals
- Appeal to the South Carolina Supreme Court
Let Us Review Your Case and Whether We Can Recover More Money than Workers’ Compensation Offers You
If a negligent party — outside of your employer — caused your workplace accident and injuries, we may be able to help you hold them legally responsible for your damages. We offer free case reviews and can help you understand if you can file a personal injury lawsuit against a third party who caused or contributed to your injuries. This could include:
- Property owners or occupiers
- Contractors or subcontractors, in some situations
- Other workers on the same job site who are not in your company
- Manufacturers of defective products
- Vendors who provide products or visit your job site
For example, imagine you were working on a ladder when a vendor making a delivery ran into the ladder, and you fell to the ground. You suffered serious head and neck injuries and now cannot return to your job.
Your workers’ compensation insurance may cover most of your medical treatment and two-thirds of your lost wages, but we may also hold the vendor and their employer accountable for their negligence, in some cases. By filing a personal injury lawsuit, we may be able to recover additional lost wages, pain and suffering damages, and ongoing care costs.
Talk to a Workers’ Compensation Lawyer in Charleston, SC
At George Sink, P.A. Injury Lawyers, our team has the experience to help you get your money faster. We can explain your rights under South Carolina law, file a workers’ compensation claim, appeal a workers’ compensation denial, or file a personal injury lawsuit on your behalf. Call us today to get answers to your questions, and a peace of mind knowing you have us on your side. We will review your case for free, and can meet you at the hospital or your home, if necessary.
Schedule your free initial consultation with a workers’ compensation lawyer in Charleston, SC by calling 843-628-0100.