If you have ever found yourself in a work-related injury or occupational illness, a Mt. Pleasant workers’ compensation lawyer may be able to help you recover what you have lost. When you suffer a work injury or come down with an illness or disease related to work, contact Shelly Leeke Law Firm. A Mt. Pleasant personal injury lawyer can help you get back on track and get your bills squared away while you cannot work.
Over the years, the number of workers’ compensation claims being filed seems to continue to climb. A short-term illness or even a disability can put your life in turmoil, but workers’ compensation benefits can help ease the blow inflicted on you financially. Our firm has over ten years of experience and is ready to work tirelessly on your case so you can focus on recovery and healing.
Common Types of Workplace Injuries in Mt. Pleasant
Workplace injuries in Mt. Pleasant occur in various industries, from construction sites to office environments. Each workplace presents specific risks, and understanding these hazards is critical to preventing injuries and addressing claims. The following are some of the most common types of injuries employees experience.
Construction Accidents
Construction sites are among the most dangerous workplaces in Mt. Pleasant, with accidents often resulting in severe injuries. Falls from scaffolding, ladders, or unprotected heights are frequent occurrences that can lead to fractures, spinal cord injuries, or even fatalities. Additionally, equipment malfunctions, such as crane failures or faulty power tools, pose significant risks to workers on-site.
Unsafe working conditions, such as inadequate safety gear or poor site management, can also contribute to construction-related injuries. Employers are legally obligated to maintain safe environments and follow safety regulations. When these standards are not met, workers face increased risks of serious harm while performing their duties.
Repetitive Strain Injuries
Repetitive strain injuries (RSIs) are common in office jobs and factory settings, where employees perform repetitive motions for extended periods. Tasks such as typing, assembling products, or operating machinery can lead to chronic pain in the hands, wrists, or shoulders. Left untreated, RSIs can severely limit mobility and reduce productivity.
These injuries often develop over time, making them difficult to diagnose and connect directly to workplace activities. Without immediate symptoms, employees may delay seeking medical attention, which can complicate workers’ compensation claims. Early reporting and thorough documentation of workplace activities are essential in addressing these types of injuries.
Exposure to Hazardous Substances
Exposure to hazardous substances is a significant risk in industries such as manufacturing, healthcare, and chemical processing. Workers handling toxic chemicals or biohazardous materials may develop respiratory issues, skin conditions, or long-term illnesses like cancer. These injuries often require specialized medical treatment and extended recovery periods.
Employers are responsible for providing proper training, personal protective equipment (PPE), and safe handling procedures for hazardous substances. When these measures are not implemented, workers are left vulnerable to severe health consequences. Documenting incidents and maintaining records of exposure can strengthen claims for compensation related to chemical injuries.
How You Can Receive Workers’ Compensation
Workers’ compensation is a type of insurance that covers an employee who is injured while working. This is a safety net designed to help individuals who suffer common workers’ compensation injuries with a plethora of expenses that they accrue due to the incident at work. This insurance is paid regardless of liability.
Employers benefit from this compensation, too. They do not have to worry about the backlash from accidents at work because they are covered. The incident should be reported to the insurance company within 90 days of the accident and then relayed from the insurer to the South Carolina Workers’ Compensation Commission.
Employees Who May Be Eligible for Workers’ Compensation Benefits
State law requires most companies to protect employees with workers’ comp coverage. Employees who work in South Carolina have a great chance to be candidates for workers’ compensation benefits. You may be eligible for benefits if:
- You work for an employer with more than four employees.
- Your injuries were a result of a work-related injury.
- Your injury happened while on the clock.
- You developed a health condition due to the working conditions of your employer.
If you or a loved one thinks they have a case for eligibility, you should seek the advice of a workers’ compensation lawyer in Mt. Pleasant. Shelly Leeke Law Firm can provide you with a complimentary consultation. We can review your case and see if your circumstances warrant a claim.
Challenges Employees Face When Filing Workers’ Compensation Claims
Filing a workers’ compensation claim can be a complex process, and employees often encounter significant obstacles. From denied claims to fears of employer retaliation, these challenges can make it difficult for workers to secure the benefits they deserve. Below are common hurdles employees face when seeking workers’ compensation benefits.
Denied Claims
One of the most common challenges is the denial of a workers’ compensation claim. Insurers may reject claims for various reasons, often leaving injured workers frustrated and uncertain about their next steps. Below are frequent reasons claims are denied:
- Missing deadlines for reporting the injury or filing the claim.
- Incomplete or inaccurate documentation submitted with the claim.
- Disputes over whether the injury occurred during work hours or at the workplace.
- Lack of medical evidence connecting the injury to work-related activities.
- Claims that the worker’s injury was due to pre-existing conditions or non-work-related activities.
Employer Retaliation
Fear of retaliation is another major challenge for injured workers filing compensation claims. Employees may worry about being demoted, wrongfully terminated, or treated unfairly for exercising their rights. South Carolina law provides protections under South Carolina Code § 41-1-80, which prohibits employers from retaliating against workers for filing claims.
Despite these legal protections, many workers remain hesitant to report injuries due to fear of jeopardizing their jobs. Keeping detailed records of interactions with employers and documenting any signs of retaliation can help workers defend their rights and pursue compensation without fear. Your legal advocate with Shelly Leeke Law Firm can help you protect your rights and demand the compensation you deserve.
Proving the Severity of Injuries
Proving the severity of workplace injuries is critical to securing workers’ compensation benefits, but it can also be challenging. Conditions like repetitive strain injuries or workplace illnesses may require extensive medical evidence to establish their impact on your ability to work. Below are types of evidence that can support your claim:
- Medical records – Include diagnoses, treatment plans, and ongoing care recommendations.
- Accident reports – File your report immediately after the incident. Be as detailed about the circumstances of the injury as possible.
- Doctor’s notes – Document physical restrictions and limitations related to the injury. Include information on your prognosis as well.
- Expert opinions – Provided by medical specialists or vocational experts. We may call on your healthcare provider or an objective third party, depending on the specific circumstances of your case.
- Witness statements – Testimonies from coworkers who observed the injury or unsafe working conditions.
- Photos of the accident scene – Provide insight into how the accident may have occurred and who might be responsible.
Benefits You Can Recover When You Have the Legal Help You Deserve
Workplace injuries can vary in severity. The extent of your injury plays a significant factor in your compensation, and the time away from your work duties also contributes to the overall decision. The following are some areas in which workers can receive compensation benefits:
- Medical Expenses – Medical bills are one of the most stressful parts of an injury. Medical expenses include hospital stays, prescriptions, and any other health-related hit your wallet may have taken.
- Disability Compensation – The compensation you will be awarded for your disability is based on the severity of your injury. If your injury does not prevent you from returning to work in some capacity, you may only be awarded a small amount; still, a permanent disability may warrant a more significant return.
- Death Benefits – In the tragic case you have lost a loved one due to a work injury, contact our legal staff for help moving forward. You may be able to recover burial expenses along with other funeral-related expenditures under the South Carolina Code § 42-1-110.
Vocational Rehabilitation
Vocational rehabilitation plays a critical role in helping injured employees regain their earning capacity and reenter the workforce. These programs are designed to assist workers whose injuries prevent them from returning to their previous roles. Services include skills assessments, job training, and educational opportunities tailored to each worker’s needs.
For injured workers in Mt. Pleasant, vocational rehabilitation may involve on-the-job training, resume development, and job placement assistance. These services aim to prepare you for roles that align with your physical capabilities and interests. By participating in these programs, you can improve your chances of returning to meaningful employment after a workplace injury.
Vocational rehabilitation also benefits employers by reducing long-term workers’ compensation costs and promoting workplace retention. Employers often collaborate with rehabilitation specialists to create modified roles or implement reasonable accommodations. Taking advantage of these resources can ease the transition back to work and help you regain financial independence.
Legal Timeline for Workers’ Compensation in South Carolina
South Carolina law sets specific timelines for workers’ compensation claims to ensure that injured employees receive timely benefits. According to South Carolina Code § 42-15-20, you must report your injury to your employer within 90 days of the accident. Failing to meet this deadline could jeopardize your ability to file a claim, regardless of the severity of your injury.
In addition to reporting the injury, you must file your workers’ compensation claim within two years of the accident. This two-year statute of limitations applies to both physical injuries and occupational illnesses. Missing this deadline may result in a complete loss of benefits, making it crucial to act promptly and follow all procedural requirements.
Importance of Meeting Deadlines
Meeting workers’ compensation deadlines is vital to preserving your legal rights and securing the benefits you deserve. Employers and insurers often scrutinize claims for any procedural missteps, using missed deadlines as grounds for denial. By acting quickly, you can avoid unnecessary delays and strengthen your case.
Timely reporting ensures that critical evidence, such as medical records and witness statements, is preserved. Waiting too long to file could lead to challenges in proving the connection between your injury and your workplace. Understanding and adhering to these legal timelines gives you the best chance of a successful outcome in your workers’ compensation case.
What Happens if Your Workers’ Compensation Claim Gets Denied
If your claim is denied, we can ask the insurer to review the claim and guide you through the appeals process. We can have a workers’ compensation attorney in Mt. Pleasant contact you to review your circumstances.
Then, we will review all the available options for your case and discuss the reasons for its rejection. Contact our legal team if you are contemplating a negotiation or appeal of your claim. We can walk you through filing a request with the South Carolina Circuit Court or Workers’ Compensation Commission.
The Difference a Legal Advocate Can Make
When you file a workers’ compensation claim, you become the opponent, which means you should not expect to be greeted with warm hugs and smiles, and the process will be a long and grueling journey if you choose to attempt it alone. While you are not required to hire a Mt. Pleasant workers’ compensation attorney when filing a claim, it may be the right option for your case. Some reasons it may be beneficial to have a dedicated workers’ comp law firm on your side are as follows:
- A conflict may start between the two parties even if no prior incidents were documented.
- Employers may have extensive resources within their insurance company that may make it difficult to fight back alone.
- You may be required to show proof of your wages lost during the claims process.
- You may be required to see a doctor, as decided by your employer and their insurance company.
When you choose a knowledgeable workers’ compensation attorney in Mt. Pleasant, you get the peace of mind that comes with it. We will stand beside you and fight for all the benefits you may receive. Find out what other legal options may apply when you contact our office to discuss the specific details of your case.
Mt. Pleasant Workers’ Compensation FAQ
Do All Employers Protect Their Staff with Workers’ Compensation?
Employers with four or more employees are legally required to carry workers’ compensation coverage. This includes not only full-time workers but also part-time, temporary, and seasonal employees. Workers’ compensation coverage generally does not extend to independent contractors or other excluded workers.
Can I Collect Workers’ Comp After a Car Accident?
If your car accident was work-related, you may be entitled to workers’ compensation benefits. For instance, if you were driving home from work but your boss asked you to make a deposit at the bank, and on the way to the bank, you were hit by a drunk driver, you may be entitled to workers’ comp. However, if you were driving home after making the bank deposit when you were hit by a drunk driver, you may not be eligible for workers’ compensation benefits.
Should I Accept a Lump Sum Settlement Offer from the Insurance Company?
Unless you have reviewed the lump sum settlement offer with your legal representative, you should not accept the settlement offer. Once you accept a lump sum settlement offer, the insurance company is no longer required to compensate you. If your injuries worsen and you require additional financial support, the insurance company will not provide you with additional workers’ comp benefits.
Contact Mt. Pleasant’s Leading Workers’ Compensation Law Firm for Help Today
If all legal processes seem intimidating or overwhelming, do not worry – we can help. If you have considered bringing your workers’ comp case to court or filing a claim with the insurance company, you are not alone. It would be wise if you were backed by the legal support of an experienced Mt. Pleasant workers’ compensation attorney.
Get in touch with Shelly Leeke Law Firm to learn more about how much compensation you may be entitled to. Our team will fight to make the liable party pay you for all the damage done and get the justice you deserve. Please fill out our convenient contact form or call to schedule your risk-free consultation today at no cost.
