Being injured on the job can cause all kinds of concerns, starting with what to do when injured at work, what to say when reporting a workplace injury, and if your workplace injury qualifies you to receive workers’ compensation. These are all valid questions that your Charleston workers’ compensation lawyer can answer.
Shelly Leeke Law Firm focuses on personal injury cases, including workplace accidents in which employees have been denied workers’ compensation and are seeking further legal action, and has successfully recovered millions of dollars in trial verdicts and workers’ comp benefits for those in need.
Our skilled team of legal advocates can offer you the support you need when you need it most. Read on, or take action by calling a top-rated Charleston personal injury lawyer at our firm for a free consultation. When you do, you can learn about ways to maximize your claim and calculate the amount of your workers’ compensation settlement.
Common Types of Workplace Injuries in Charleston
Workplace injuries can happen in virtually any industry, leaving employees unable to work and facing significant financial and emotional challenges. Whether your job involves physical labor or office-based tasks, workplace accidents can have a lasting impact. Below, we explore some of the most common types of injuries Charleston workers experience and how these incidents may affect your ability to recover workers’ compensation benefits.
Repetitive Strain Injuries (RSI)
Repetitive strain injuries develop over time due to repeated motions or overuse of specific muscles and joints. Office workers, factory employees, and construction crews often experience RSIs, such as carpal tunnel syndrome or tendonitis, from their job responsibilities. Proving these injuries are work-related may require extensive medical records and evidence connecting the condition to your job.
Injuries from Hazardous Equipment
Heavy machinery, forklifts, and other dangerous equipment pose serious risks to workers in various industries. Accidents involving this equipment can result in crushed limbs, fractures, or amputations. Employers must provide adequate safety training and ensure machinery is maintained properly to reduce these risks, but failing to do so can have catastrophic results.
Exposure to Toxic Substances
Prolonged exposure to harmful chemicals or substances can lead to chronic illnesses or life-threatening conditions. Workers in manufacturing, agriculture, and construction may encounter toxins like asbestos, lead, or pesticides, which can cause respiratory problems, cancer, or other health complications. We must tie these health issues directly to your workplace environment when filing a claim for benefits.
How to Strengthen Your Workers’ Compensation Claim
Building a strong workers’ compensation claim requires careful attention to detail and proactive measures. If you suffered an injury at work, taking the right steps can protect your right to compensation and prevent delays or denials. Some of the most effective strategies for building a powerful workers’ comp claim include:
Documenting Your Injuries
Thorough documentation of your injuries is one of the most critical aspects of your workers’ compensation claim. Start by seeking medical attention immediately after your accident and obtaining detailed medical records. Be sure to include photographs of visible injuries, copies of diagnostic tests, and written statements from your healthcare provider explaining the severity of your condition.
Following Doctor’s Orders
Following your doctor’s treatment plan is vital for both your recovery and the success of your claim. Adhering to prescribed therapies, attending follow-up appointments, and taking medications as directed show that you are committed to improving your health. Failing to follow medical advice could give the insurance company grounds to argue that your injuries are not as severe as claimed.
Avoiding Common Mistakes in Workers’ Compensation Claims
Pursuing a workers’ compensation claim can be complicated, and even a small mistake may jeopardize your ability to secure benefits. Understanding and avoiding common errors will help strengthen your claim and improve your chances of receiving the compensation you deserve. Here are some of the most frequent mistakes workers make and how to avoid them:
Not Reporting the Injury Immediately
Delaying the report of your workplace injury can significantly harm your claim. When you wait to notify your employer, it creates doubt about whether the injury occurred at work or during personal time. In South Carolina, you must report your injury within 90 days to maintain eligibility for workers’ compensation benefits, according to the South Carolina Workers’ Compensation Commission.
Talking to the Insurance Company Without a Lawyer
Communicating directly with the workers’ compensation insurance adjuster may seem straightforward, but it can lead to unintended consequences. Insurance companies often try to minimize payouts and may use your statements to weaken your claim. For example, if you casually downplay your injury’s severity, the adjuster could argue that you do not require extensive medical treatment.
Posting About the Injury on Social Media
Social media posts can have unintended consequences for your workers’ compensation claim. Insurance companies may monitor your accounts to find evidence that contradicts your statements about your injury. For example, a photo of you attending a social event could be misinterpreted as proof that your injury is not as serious as claimed.
Understanding Third-Party Liability in Workplace Accidents
In some workplace accidents, a third party’s negligence may have contributed to your injuries. While workers’ compensation covers medical expenses and lost wages, it does not account for pain and suffering or other non-economic losses. Filing a third-party liability claim could help you recover additional compensation.
When Third-Party Liability Applies
Third-party liability applies when someone other than your employer is responsible for your workplace injury. For example, subcontractors on a shared job site might neglect safety protocols, creating hazardous conditions that lead to accidents. Manufacturers that provide defective equipment, such as a malfunctioning forklift or faulty safety gear, could also be held accountable for resulting injuries.
In addition to negligence by subcontractors or manufacturers, liability may extend to property owners or maintenance companies. For instance, if a building owner fails to address known hazards, such as uneven flooring or poor lighting, they may share responsibility for your injuries. Exploring every potential at-fault party with your workers’ compensation attorney in Charleston is imperative if we are going to hold everyone who shares liability for your losses accountable.
Pursuing Additional Compensation Beyond Workers’ Comp
When third-party liability exists, you may be able to pursue damages through a personal injury lawsuit. These claims allow you to recover non-economic damages, such as pain and suffering, emotional distress, and loss of enjoyment of life. This is because these damages are not covered by workers’ compensation.
Filing a third-party claim alongside your workers’ compensation benefits requires careful coordination. While workers’ compensation is no-fault and provides immediate relief for medical expenses and lost wages, a personal injury claim focuses on proving negligence. We can help ensure that pursuing one claim does not interfere with the other so you can get the financial support you need when you need it most.
Reporting a Work-Related Injury in South Carolina
The aftermath of your work accident may be chaotic. Remain as calm as possible and report your injuries to the necessary parties. When reporting a workplace injury to your employer, it is critical that you follow these steps to ensure your health and protect the legality of your claim:
- Evaluate your condition to see if a paramedic or doctor is needed. Call 911 or seek medical attention right away. It is best to have a manager transport you if emergency services are not needed so that they can inform the doctors that this is a work-related injury.
- Ensure that the company’s name and workers’ compensation provider are supplied to the medical facility. If your injury is treated onsite, it should all be documented thoroughly.
- Report the injury to the workers’ compensation carrier within 24 hours of the incident, file a report of injury with the South Carolina State Accident Fund, and include as much information as possible. Keep copies of all documentation.
- While awaiting your claim decision from the insurance provider, refrain from posting online or talking about the workplace incident with other employees. Consult with our team if you need more insight.
- Upon receiving your claim, the proposed reimbursement can cover medical expenses and lost wages if allowed. You are allowed to appeal if your claim is denied or contact us if additional financial assistance is needed beyond the awarded amount.
Timeline for Filing a workers’ compensation Claim in South Carolina
The South Carolina Workers’ Compensation Commission states that you have 90 days from the date of the accident to notify your employer of a workplace accident. But it is recommended that you report it immediately. You run the danger of losing the benefits to which you are legally entitled if you do not act quickly.
You generally have an additional two years to file a benefit claim according to South Carolina Code § 42-15-20. That does not imply that you can wait up to two years to report an injury you received at work. In other words, if you have previously reported your injuries and need more benefits, you have two years to file a claim for them.
Eligible Insurance Compensation for a Workplace Incident
Medical benefits, lost pay, and permanent disability are the three categories of benefits offered for work-related accidents. Unfortunately, the South Carolina Workers’ Compensation Act does not allow for a recovery from pain and suffering. Your capacity to continue working, the severity of your injuries, and the average weekly salary you made from all of your employers before the injury all play a role in how much workers’ compensation pays.
Injuries that Qualify for Workers’ Compensation
Usually, workers’ compensation will pay for an employee’s injuries if they occur while they are on the job site, but if offsite, an employee’s injury must have happened while they were working within the confines of their employment for it to be covered by the law. The extent of employment is determined by how much control the employer had over the situation at the time that the disaster happened. These are a few examples of injuries that are covered under workers’ compensation:
- Falling or being dropped from a high position.
- Back injuries or broken bones from any equipment or tools owned by the employer.
- Experiencing a back injury as a result of heavy or strenuous lifting.
- Becoming sick after being exposed to harmful toxins.
Exclusions to Workers’ Compensation in South Carolina
Some workers in South Carolina are not considered to be employees. Others are not eligible to receive benefits or remuneration from workers’ comp. This list of individuals consists of:
- Casual employees who do not have regular working hours and only work as necessary.
- Employers who made less than $3,000 on payroll in the previous year.
- Agriculture personnel.
- Railroad or railroad express company staff.
- Farmers who sell their products.
- Licensed real estate agents.
- State and federal employees.
You could be prohibited from recovering workers’ compensation benefits if you violated your employer’s code of conduct. If you were under the influence of drugs or alcohol, roughhousing at work, or working off the clock, you may be disqualified from workers’ comp eligibility. You could also lose your right to financial support if your injuries were intentionally self-inflicted.
When to Contact a Workers’ Compensation Lawyer in Charleston
At Shelly Leeke Law Firm, your Charleston workers’ compensation attorney focuses extensively on those suffering from job-related injuries. If you have questions regarding your claim, need assistance navigating the claims process, or need help understanding how to proceed further, we are here for you. Contact us if any of the following instances pertain to you:
- Your workers’ compensation claim was rejected.
- You are not receiving adequate compensation in the form of benefits to cover the approved expenses.
- Your employer missed the deadline to file your workers’ compensation claim.
If you are unsure whether you have grounds for legal action, do not hesitate. Contact us to explore your legal options further. Your Charleston workers’ compensation attorney will work tirelessly to help you get through these difficult times.
Charleston Workers’ Compensation FAQ
Can I Collect Death Benefits Through Workers’ Comp?
If you lost a family member in a work-related accident, you may be eligible for death benefits under the South Carolina Code § 42-1-110. However, these benefits are typically only available to the decedent’s surviving spouse and children. Surviving spouses can generally collect workers’ comp until they remarry or reach the maximum number of weeks allowable, while children can continue receiving workers’ comp until they reach the age of 18.
Do I Qualify for Workers’ Comp as an Independent Contractor?
Most independent contractors do not qualify for workers’ compensation benefits per the South Carolina Workers’ Compensation Commission. If you were hoping to collect workers’ comp from your client’s insurance coverage, you may be disheartened to learn you do not qualify.
However, as an independent contractor and small business owner, you may be able to purchase your own workers’ compensation coverage, which you could tap into in the event of an on-the-job injury.
What Does it Cost to Hire a Workers’ Compensation Lawyer in Charleston?
You can hire a Charleston work injury attorney on contingency when you choose Shelly Leeke Law Firm. We almost exclusively work for our clients on a contingency basis, which allows them to move forward with their claims without having to put a retainer down or cover expensive hourly attorney’s fees per South Carolina Judicial Branch Rule 1.5: Fees. With Shelly Leeke Law Firm, we only get paid if we win your case.
What Is Maximum Medical Improvement?
Maximum medical improvement (MMI) refers to the point at which you are not expected to get any better. If you have suffered injuries that left you with a temporary disability, maximum medical improvement may occur when you fully heal or when it becomes clear additional treatment will not help you improve any further. Some insurance companies attempt to wait to approve workers’ compensation claims until claimants have reached MMI.
Connect With a Workers’ Compensation Attorney in Charleston for Help Today
You should not continue to struggle financially when you are injured in your line of work. Your employer should help you get through these difficult times. By filing a claim for workers’ comp benefits, you have a chance to get your necessary expenses covered now so you can heal without financial worry.
Arrange a free, no-obligation consultation today with a dedicated workers’ compensation lawyer in Charleston from Shelly Leeke Law Firm to discuss your case. You can reach us by phone or through our confidential contact form to get started as soon as today. When you can heal from your injuries without the weight of the world on your shoulders, you will be glad you did.
