With the help of an experienced Columbia workers’ compensation lawyer, you gain the knowledge and insight you need to hold your employer accountable for the losses you have suffered.
Shelly Leeke Law Firm has 10+ years of trial experience, and our Columbia personal injury lawyer puts our clients first. In doing so, we ensure you get the legal guidance you need to make sure employers abide by the law of providing a safe work environment for you.
Let Our Columbia Workers’ Compensation Attorney Guide You
If you were hurt at work or while performing work-related duties on the clock, you may be owed compensation for your injuries under the state’s workers’ compensation laws. The workers’ compensation process is meant to be straightforward and simple to use, but it is full of cumbersome limitations and requirements that often put victims at risk. When you work with a Columbia workers’ compensation attorney, you gain the insight you need to get the results you deserve.
Workers’ compensation claims are complex because they are costly to insurance companies and employers. As a result, these organizations will do anything they can to reduce what is paid out, even if they are fully responsible for what happened to you. Let us help you fight for the compensation you are owed.
When you contact an experienced workers’ compensation lawyer in Columbia, SC, at Shelly Leeke Law Firm for help, you can focus on healing from your injuries while we work to get your application for workers’ compensation approved.
Our workers’ compensation law firm is ready to take up the fight for you and make sure you get your application approved as soon as possible. Set up a free, no-obligation consultation to discuss your case with our legal team and read our client testimonials to see how we have helped people just like you.
Common Types of Work-Related Accidents
All industries are required to report work-related accidents. While some industries are more dangerous than others, there is always the risk that you could be involved in an incident. Some of the most common types of work accidents our clients have reported over the years include:
Construction Accidents
Construction accidents are some of the most common types of work-related incidents. According to the Occupational Safety and Health Administration (OSHA), construction is one of the most dangerous industries in which to work. Some of the most common types of construction accidents we have seen include:
- Bulldozer accidents
- Crane accidents
- Crushing accidents
- Trench or ground collapses
- Slip and fall accidents
- Electrocution
- Explosions and fires
- Forklift accidents
- Heavy machinery accidents
- Overexertion
Repetitive Stress Injuries
Repetitive stress injuries are often seen in construction workers and also in those who work in office spaces. You might develop chronic back pain, carpal tunnel syndrome, or other repetitive stress injuries. Fortunately, repetitive stress injuries should qualify for workers’ compensation benefits.
Exposure to Toxic Substances
Whether you work in construction, manufacturing, factories, or even healthcare, you could be exposed to toxic substances or harmful chemicals. Repeated exposure to these substances could result in the development of serious medical conditions, such as mesothelioma, respiratory conditions, and, potentially, certain types of cancers.
According to a news release from the Bureau of Labor Statistics in November 2024, occupational respiratory illnesses accounted for over 100,000 work-related incidents across the country in 2023.
Work-Related Vehicle Accidents
Work-related car accidents are also some of the most common types of on-the-job injuries. Whether you work in an industry that requires the use of heavy machinery, such as bulldozers, 18-wheelers, or other commercial vehicles, or work as a rideshare or delivery driver, the risk of injury is high due to the extensive amount of time you spend behind the wheel.
Fortunately, since our Columbia catastrophic injury lawyer regularly handles motor vehicle accident claims, your workers’ compensation case will be in good hands.
Our team will conduct a comprehensive investigation to gather the evidence needed to determine how the accident occurred. Once we know what caused the collision, we will have a better idea of who is at fault. The fault may not matter in terms of workers’ compensation claims, but it is the most important element if you are going to file a third-party liability lawsuit.
Workers’ Compensation Laws in Columbia
South Carolina workers’ compensation laws are strict. All employers that employ four or more employees are obligated to protect their employees with workers’ compensation protection coverage as a general rule of the South Carolina Workers’ Compensation Commission. This coverage is supposed to protect you from work-related injuries.
Here, no matter who is responsible for causing your accident, you have the right to compensation and benefits as long as you meet the eligibility requirements. When you have suffered critical injuries in a work-related accident, we will review the details of your case to determine whether you qualify for workers’ comp. Our workers’ comp team has the knowledge to help you move your case forward.
If your employer fails to purchase the necessary workers’ compensation insurance coverage, and you suffer an injury, you may be able to file a third-party liability claim against them. Though complex, it is your legal right to pursue financial damages if you were hurt on the job. Let us help you do just that.
Statute of Limitations for Workers Compensation Claims in SC
Taking legal action may be the furthest thing from your mind after suffering a catastrophic on-the-job injury. However, when you need to take time off work, that lack of income will quickly catch up to you. You can avoid these serious financial implications by seeking the workers’ compensation benefits you deserve as soon as possible after your work-related accident.
As described under South Carolina Code § 42-15-20, you typically must file your claim for workers’ compensation benefits within two years of the accident. However, you generally need to report any injuries to your employer within 30 days of the incident. If you miss either of these deadlines, you could be prohibited from recovering the workers’ comp benefits you were otherwise entitled to.
Eligibility for Columbia Workers’ Compensation Benefits
The eligibility requirements for workers’ compensation benefits are far less strict than you might have previously thought. As long as you are considered an employee of the company and were involved in a work-related accident, you may be eligible for workers’ comp benefits. If you are not sure, our attorneys can help by answering key questions.
Your workers’ compensation attorney in Columbia, SC, with Shelly Leeke Law Firm, will scrutinize the evidence in your case to ensure you qualify. It does not matter how many hours you work each week. Nor does it matter how long you have been with the company.
Many on-the-job injury victims have concerns that being employed with the company for a short period of time or only working part-time or temporarily means they do not qualify. However, this is not the case. Let us help you recognize your rights.
Disqualification from Workers’ Compensation Eligibility
Any time you are involved in a work-related accident, you should qualify for workers’ comp benefits. However, that does not mean there are no instances in which you may be disqualified. For example, if you caused your own injuries intentionally, you may not be eligible for workers’ comp.
Additionally, if you were under the influence of drugs or alcohol at the time of the accident, the insurance company may not be willing to approve your claim. Our workers’ compensation law firm is here to ensure the insurance company treats you fairly as you seek the benefits that you need to get through these tough times. Do not assume you lack coverage.
If you were hurt at work, call us. Let us help you navigate the legal options available to you. We will do everything we can to help you.
Types of Workers’ Compensation in Columbia
If our workers’ compensation law firm in Columbia gets your claim for benefits approved, there is a variety of benefits you can expect to receive shortly after. Although they may not cover your damages in their entirety, workers’ compensation benefits are a good starting point in finding the financial relief and support you need when you need it most. Here is more about the different types of workers’ comp benefits that may be available to you:
- Disability benefits: When you need to take time off of work because your injuries are so severe, disability benefits provide you with a portion of your lost income so you can continue covering your expenses. Disability benefits are paid at a rate of 2/3 of your average weekly wages. This means you could expect to receive approximately 2/3 of your average weekly salary as part of your workers’ compensation benefits.
- Medical benefits: When you are involved in an on-the-job accident, you should not be expected to cover the medical expenses that arise. Instead, the insurance company can be ordered to cover your medical expenses in full. This includes the costs of transportation to and from your healthcare provider, co-pays, prescription medication to use, ongoing treatment, and any other medical expenses that arise and are related to your on-the-job injury.
- Vocational rehabilitation: If your work injuries are severe enough that you are not going to be able to go back to work or find employment in the same industry, your employer’s insurance provider will be required to provide you with vocational rehabilitation benefits. These are meant to cover the costs of education or job training so that you have your best opportunity to re-enter the workforce.
Death benefits may be available to the surviving family members of anyone who has passed away from a work-related injury. Death benefits cover the decedent’s funeral and burial expenses, medical expenses from their fatal injuries, and provide the surviving family members with a portion of the decedent’s lost income according to South Carolina Code § 42-9-290.
Allow your Columbia wrongful death lawyer from Shelly Leeke Law Firm to fight for you to recover full and fair benefits in these situations, and read our frequently asked questions to learn more.
What to do if Your Workers’ Compensation Claim is Denied
In all situations, our goal is to avoid any denial of coverage for the benefits you deserve. It is more common than you might think for workers’ compensation claims to be denied. This does not necessarily mean your claim for benefits cannot be approved, but rather, your attorney will need to take action to get the insurance company to uphold their financial obligations.
If you have received a workers’ compensation claim denial, do not hesitate to contact our firm to figure out how you can go about appealing your decision. In many cases, simply reminding the insurance provider of additional supporting information or evidence can help them overturn your claim denial. However, our team will be prepared to move forward with a formal appeal if the insurance company is unwilling to settle your workers’ comp claim fairly.
With the help of your experienced and trusted Columbia workers’ compensation attorney, we can ensure you are getting the legal guidance you need in these difficult situations. Do not wait to reach out to our team before you apply for workers’ compensation benefits or after you receive a denial. There is no cost to you to speak with us to learn what your legal options are, and be sure to review our case results.
Filing a Third-Party Liability Claim for a Work Injury in Columbia
In addition to the workers’ compensation benefits you are entitled to, you may also have grounds for a third-party liability claim. These types of claims are typically filed when someone else’s negligence is responsible for causing your work-related injuries. It is important to note that you typically cannot file a personal injury claim against your employer when you are protected by workers’ comp.
By being covered by your employer workers’ compensation insurance, you forfeit the right to file a legal claim against them in the event of a work-related accident. However, someone else could be responsible for causing the incident. The type of work accident you were involved in will help us figure out whether you have a third-party liability claim.
For example, if your colleague shoved you off a scaffold during an argument, not only could you collect workers’ compensation benefits, but you may be able to file a third-party liability lawsuit against them. Another example could be if your work accident was caused by defective machinery. We may be able to file a legal claim against the machinery manufacturer, distributor, or designer, depending on how the accident occurred.
Damages in Third-Party Liability Claims
When you file a third-party liability claim, you have the right to recover several types of damages. The at-fault party will be expected to compensate you for every loss that relates to the trauma of your injuries. Some examples of such damages could include:
- Economic damages: All monetary damages fall under the category of economic losses. This would include your loss of income, reduced earning potential, loss of employee benefits, personal property losses, and medical bills. However, keep in mind that you cannot “double dip” when it comes to damages, meaning if you are receiving a portion of your lost wages in disability benefits and the insurance company is covering your medical expenses, these damages will not be included in your third-party liability claim.
- Non-economic damages: All intangible damages would be considered non-economic losses. Just because they do not have a financial value does not mean you should not be compensated fairly for these losses. Some examples of non-economic damages you might be able to include in your third-party liability claim could be pain and suffering, loss of consortium, diminished quality of life, and emotional distress.
- Punitive damages: Punitive damages may also be awarded in South Carolina third-party liability claims according to South Carolina Code § 15-32-530. However, the court system must find the defendant’s conduct punishable beyond your economic and non-economic damages. They may be applicable if the defendant’s conduct could be considered intentional, malicious, or grossly negligent.
You may not be sure which types of damages you have experienced and how much compensation you should be awarded. Your workers’ compensation claim alone may be overwhelming. Get help understanding your legal options and how to access the financial support you need when you contact us for a free case evaluation.
Contact a Workers’ Compensation Lawyer in Columbia for Help Today
Workers’ compensation benefits can go a long way in helping victims of work-related accidents get the financial support they need while healing from their injuries.
If the insurance company refuses to approve your claim, or you are unsure how to get started with your workers’ comp case, be sure to contact a dedicated workers’ compensation attorney in Columbia at Shelly Leeke Law Firm. Schedule your no-cost, risk-free consultation today. You can fill out our quick contact form or call us to get started.
