According to the U.S. Bureau of Labor Statistics, private industry employers reported over 29,000 workplace injuries and illnesses in South Carolina in a recent year. Fortunately, most workers in South Carolina are covered by workers’ compensation insurance provided by their employer if injured.
Suppose you were injured at work in South Carolina. In that case, the experienced workers’ compensation attorneys at the CEO Lawyer Personal Injury Law Firm can guide you through the often complicated and sometimes adversarial claims process.
We offer compassionate counsel to injured workers during the challenging period following a workplace accident. We understand the significant impact a work injury can have on you and your family.
Allow the CEO Lawyer to handle your workers’ compensation claim so you can focus on your recovery.
What Covers in the Worker’s Compensation in Greenville?
Workers’ compensation offers essential help for Greenville workers who sustain illnesses or injuries at work. This insurance assists with medical costs and missed pay if an employee’s health prevents them from working.
Here’s what is typically covered under workers’ compensation:
- Medical Expenses: Workers’ compensation covers all necessary medical treatments for injuries or illnesses directly related to the employee’s job. This includes hospital visits, physical therapy, and medications. Employers often have the right to select the healthcare provider that their employees must use.
- Disability Benefits: Workers who suffer an illness or accident that prevents them from working for longer than seven days may be eligible for short-term disability benefits. These payments are meant to cover a portion of lost income and can be given for a maximum of 500 weeks.
- Rehabilitation Costs: If ongoing rehabilitation is required, workers’ compensation will also cover these costs to help the employee regain their ability to work.
- Death Benefits: In the sad event of a death at work, the employee’s family receives benefits from workers’ compensation. These can pay burial costs and provide monetary damages for the family’s loss.
Example Scenarios:
- An employee injures their back while lifting heavy equipment at work, necessitating ongoing physical therapy.
- After tripping at work, an employee needs emergency care and needs to take several weeks off to recover.
- A worker develops carpal tunnel syndrome from repetitive tasks and is advised to take time off for treatment and recovery.
It is imperative that Greenville business owners obtain workers’ compensation insurance from a licensed carrier to protect the health of their employees and ensure that their company complies with state regulations.
Let Our Greenville Workers’ Compensation Accident Law Firm Support You
Greenville workers’ compensation lawyers fully understand the challenges you may face following a workplace accident. You and your family may suffer serious financial, emotional, and physical consequences.
Without professional assistance, comprehending Greenville workers’ compensation laws can be difficult. Furthermore, if your accident was caused by someone other than your employer, you may be qualified for a third-party personal injury claim.
The attorneys at The CEO Lawyer Personal Injury Law Firm are highly skilled at handling situations involving insurance businesses.
Our Greenville personal injury law firm is ready to advocate for you in any Greenville courtroom, defending your interests and those of your family. Although our law office is in Atlanta, GA, we are ideally situated to assist Greenville residents seeking legal support.
We are proud of our experience securing justice for injured workers and their families. Our goal is to deliver financial compensation quickly and maximize the awards you receive.
Contact us now to discuss your case and find out how we can assist you in handling the complex nature of workers’ compensation and personal injury claims.
What Is Workers’ Compensation?
Workers’ compensation is an insurance program providing cash benefits and medical care for workers injured or ill due to their jobs. Employers entirely fund this insurance; employees are not required to contribute to its cost. The employer’s insurance carrier covers benefits and medical expenses under the guidance of the Workers’ Compensation Board, a state agency responsible for processing claims. If necessary, the Board intervenes to decide on the reimbursement for cash benefits and medical care.
In workers’ compensation cases, the fault is not assigned to any party. A claimant’s compensation is not reduced by their own carelessness nor increased by an employer’s fault. However, compensation is forfeited if the injury results from the worker’s intoxication from drugs or alcohol or from an intent to inflict injury on themselves or others.
Compensation is paid if the employer or insurance carrier acknowledges the injury or illness as work-related. If the claim is disputed, no cash benefits are paid until a workers’ compensation law judge resolves the issue. During this period, if the worker is not receiving benefits because the claim is contested, they may qualify for disability benefits. However, any such payments will be deducted from future workers’ compensation awards.
If a worker returns to work but cannot earn the same wages as before due to the injury, they may be entitled to a benefit covering two-thirds of the wage difference. Workers may also be allowed to perform light or alternative duties before fully recovering.
What Should You Do if You Are Injured at Work?
If you’ve been injured on the job, it’s important to act promptly and decisively to protect your rights and ensure you receive the necessary assistance.
Here are the essential steps to take if you find yourself injured at your workplace:
Promptly Report the Injury
As soon as you experience a work-related injury, notify your employer immediately. Whether a minor incident or a severe injury requiring immediate medical attention, informing your employer is a critical first step.
Depending on your workplace’s size and structure, this may involve notifying your supervisor, manager, or a member of the Human Resources department.
Seek Immediate Medical Care
Prioritize your health and safety by seeking medical assistance without delay. After receiving initial treatment, provide your healthcare provider with comprehensive details about your injury, ensuring they know it occurred at work to ensure accurate documentation.
Understand the Employer’s Role in Workers’ Compensation
Typically, your employer is responsible for initiating the workers’ compensation claims process by reporting the injury to their workers’ compensation insurance provider. This step is important in ensuring you receive the benefits and support you’re entitled to.
However, sometimes, this process may not unfold as expected. Your employer might deny the incident, neglect to file the necessary paperwork, or you may receive only a portion of the benefits you are owed.
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 manage the process.
Enlisting the services of an experienced workers’ compensation attorney in Greenville, SC, can be highly advantageous.
At the CEO Lawyer Personal Injury Law Firm, we can help you understand your rights, evaluate your situation, and guide you through the process to ensure you receive the compensation and benefits you deserve.
What Are Your Rights Under Workers’ Compensation Laws?
Workers’ compensation laws shield workers from losing their jobs due to injuries sustained. However, certain businesses might object to footing the bill for medical care or other workers’ compensation benefits.
If an employee has a severe injury or becomes permanently disabled, their workers’ compensation benefits might not be sufficient to cover all of their losses. Greenville workers’ compensation lawyers can assist in finding additional liable parties and pursue further compensation by filing a personal injury claim.
To challenge any delays or denials, a lawyer can assist you in understanding the procedure of submitting a compensation lawsuit to your employer. Recognizing your legal rights is essential if you are injured at work in Greenville and your employer refuses to cover your medical expenses.
Your Rights Include:
- Prompt Medical Care: You can receive immediate and appropriate medical treatment for your injuries.
- Timely Reporting: You must report your injury to your employer within the required timeframe to ensure eligibility for benefits.
- Compensation for Lost Wages: You are entitled to a portion of your lost wages while you cannot work due to your injury.
- Permanent Disability Benefits: If your injury results in permanent disability, you are entitled to compensation.
- Legal Representation: You can seek legal representation to help you understand your rights and advocate on your behalf.
- Appeal Denied Claims: If your claim is denied, you can appeal the decision and seek legal assistance.
Understanding your rights under workers’ compensation laws can help you ensure you receive the benefits and support you deserve after a workplace injury.
How Do You File a Claim for Workers’ Compensation?
Filing a claim for workers’ compensation in South Carolina can be complicated, time-consuming, and stressful. Here are some of the most important steps to seek workers’ compensation benefits for your workplace injury:
Notify Your Employer in Writing (Form 18)
You must submit a notice of your workplace injury to your employer and the North Carolina Industrial Commission (NCIC) using Form 18 within 30 days of the accident.
Ensure Employer Compliance
Your employer must file your Form 18 and Form 19 with the NCIC. A work injury attorney can help ensure their compliance.
You also have the option of submitting Form 18 directly to the NCIC yourself.
Document Evidence
You must prove that your workplace injury resulted from an “accident” within the normal scope of your duties. Additional evidence, such as co-worker testimony and photos, can help support your workplace injury claim.
Seek Medical Treatment
To successfully claim workers’ compensation, you must demonstrate the extent of your injuries with documented medical treatment.
Seek a Hearing if Your Initial Claim Is Denied
If your claim is denied, an experienced workers’ comp attorney can help appeal your claim to the NCIC and even take your case to court if necessary.
Filing a workers’ compensation claim involves several critical steps, and ensuring each is properly completed can make a significant difference in the outcome of your claim. Consulting with a knowledgeable workers’ compensation attorney can provide valuable guidance and support if you need assistance.
How Much Does a Greenville Workers’ Compensation Attorney Cost?
Our Greenville workers’ compensation attorneys work on a contingency fee basis. This means you won’t have to pay any attorney’s fees unless we successfully recover your compensation.
The fee is a percentage of the total recovery amount.
This arrangement allows us to represent you even if you don’t have the funds to hire a lawyer at the beginning of your case. In other words, you don’t need to pay any upfront costs for us to start working on your behalf.
We aim to quickly secure fair compensation for your lost wages and medical expenses.
Don’t hesitate to consult with a lawyer about your workers’ compensation claim. Learn about the benefits you may be entitled to. Everyone can afford a free workers’ compensation claim case evaluation. Contact us today.
Common Causes of Workplace Accidents in Greenville
Accidents can happen in even the safest working environments. Some common causes of workplace accidents in Greenville include:
- Slips, Trips, and Falls on the Same Level: These incidents remain one of the most prevalent causes of workplace injuries. Factors contributing to such accidents often include wet or slippery floors, cluttered work areas, uneven surfaces, and inadequate lighting. Ensuring regular maintenance and clear walkways can help mitigate these risks.
- Handling, Lifting, or Carrying: Manual handling injuries are common and can have severe long-term effects on employees. These injuries typically stem from lifting heavy objects, improper lifting techniques, or lacking assistance and mechanical aids. Providing proper training on manual handling techniques and ensuring that equipment is available for moving heavy loads are essential preventive measures.
- Being Struck by or Caught in Moving Machinery: Accidents involving machinery can be severe and are often caused by a lack of safety guards, improper equipment use, and inadequate training. Regular machinery maintenance, proper training for its use, and strict safety protocols can significantly reduce such injuries.
- Acts of Violence: Workplace violence, including both physical assaults and threats, can occur in any setting but is more prevalent in sectors dealing with public service, like healthcare and social work. Implementing strict security measures, providing conflict resolution training, and establishing clear protocols for handling aggressive behavior are crucial steps in preventing these incidents.
- Falls from a Height: These accidents are particularly relevant in construction and maintenance sectors but can occur in any workplace with elevated areas. Falls from height can be prevented by using appropriate safety gear, ensuring all work at height is supervised and conducted following safety guidelines, and providing adequate employee training.
Workplace accidents can be distressing and lead to long-term difficulties. If you or a loved one has been injured on the job in Greenville, you may be entitled to compensation.
Schedule a free consultation with our experienced workers’ compensation lawyer who understands local workers’ compensation laws to help you guide the procedure and ensure you receive full and fair compensation.
Employers Required to Maintain Workers’ Compensation Insurance Coverage
In South Carolina, businesses with four or more employees, including part-time workers and family members, must maintain workers’ compensation insurance. However, certain employers are exempt from this requirement:
- Employers with an annual payroll of less than $30,000
- Employers of agricultural workers
- State and county fair associations
- Railroads and railway express companies
- Federal employers
- Owner-operator drivers
- Commission-paid real estate agents who meet specific threshold requirements
These exemptions help ensure that workers’ compensation insurance requirements do not unduly burden small businesses and specific industries
Proving Negligence in a Greenville Workplace Back Injury Case
In North Carolina, any employer with three or more employees must carry workers’ compensation insurance. However, certain employees, including domestic workers, farm workers, and federal government employees, may be exempt from these laws.
Notification and Compensation Eligibility
If an individual suffers a workplace injury, they must provide written notice to their employer within 30 days to be eligible for compensation, per N.C.G.S. §97-22. Under N.C.G.S. §97-28, an injured worker must wait at least seven days before receiving compensation. If the injury results in a disability lasting more than 21 days, the worker is eligible to receive compensation starting from the date of the disability.
Filing Deadlines
According to N.C.G.S. §97-24, individuals have a maximum of two years to file a workers’ compensation claim for their workplace injury. To ensure this deadline is met, it is advisable to consult with a back injuries lawyer in Greenville as soon as possible if considering filing a claim.
By knowing these regulations and seeking timely legal advice, injured workers can better navigate the complexities of proving negligence and securing the compensation they deserve.
What Are the Different Types of Work-Related Injuries?
Work-related injuries can vary widely depending on the job and industry, with no two workplace accidents being the same. Here are some common types of work-related injuries:
- Repetitive motion injuries, such as tendonitis and bursitis
- Back, neck, and spine injuries, such as whiplash, herniated discs, spinal cord injuries, and paralysis
- Ligament tears and sprains
- Muscle strain
- Broken bones or fractures
- Head trauma
- Vision and hearing loss
- Internal injuries, including organ damage
- Amputations
- Burns
- Electrocutions
- Infections
- Illnesses stemming from chemical exposure
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 essential to understand that it doesn’t cover 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.
Suppose an external third party is responsible for your injury or illness. In that case, you may have the option to initiate a separate lawsuit against them to seek damages that go beyond what workers’ compensation provides.
Our workers’ compensation lawyers in Greenville, SC, can help you explore potential legal avenues when a third party is involved in your workplace injury or illness.
Types of Benefits Available to Workers in Greenville
If you were injured on the job in Greenville, you are entitled to certain benefits. Some of the benefits available to injured workers in Greenville include:
- Medical Treatment: In Greenville, workers injured due to their jobs are entitled to compensation for medical treatment. Covered medical expenses include medicines, treatments, tests, x-rays, physical therapy, and surgery.
- Temporary Disability Benefits: An occupational illness or injury can significantly impact your livelihood. Workers’ compensation insurance provides financial security during your recovery. Temporary disability benefits offer compensation for a limited time if you cannot work due to a job-related injury. You may be eligible for temporary total disability benefits if you cannot perform any work for a certain period. If you can work to some extent, you may be entitled to temporary partial disability benefits.
- Permanent Disability Benefits: If you are permanently disabled and unable to perform any work, you may be entitled to permanent total disability benefits. The compensation depends on the severity of the permanent damage sustained. Permanent partial disability benefits apply when your disability prevents you from working in a specific field, but not entirely.
- Vocational Rehabilitation: These services help injured employees overcome their injuries or illnesses and prepare for another job. If you can no longer perform your previous job due to injury, you may be eligible for training for a new career. Vocational rehabilitation can include training, education, or apprenticeship programs.
- Death Benefits: In the unfortunate event of an employee’s death, benefits are available to surviving family members to cover lost wages and funeral expenses. The law recognizes that surviving family members may face financial challenges and expenses such as hospital bills and funeral costs.
Many people are unaware of the benefits they are entitled to when they have a work-related injury. Our workers’ comp lawyers at the CEO Lawyer Personal Injury Law Firm can help you secure the benefits you deserve.
Our experienced Greenville workers’ compensation lawyers can assist you in filing a claim and handling the procedure.
What Is the Time Limit to File a Claim in Greenville?
There are important deadlines to keep in mind during the workers’ compensation process:
- 90 Days – You have 90 days from the accident date to report your injury to your employer. If you suffered an injury from repetitive trauma, you must notify your employer within 90 days of when you discovered or could have discovered, through reasonable diligence, your condition.
- Two Years – You have two years from the accident date to file a workers’ compensation claim. If you suffered an injury from repetitive trauma, you must file within two years of when you knew or should have known about your compensable injury. If seven years have passed since your last exposure to the source of your repetitive trauma, you will be barred from seeking workers’ compensation.
Adhering to these deadlines is crucial to ensuring your claim is processed and you receive the benefits you are entitled to.
Contact Our Workers’ Compensation Law Firm in Greenville Today
If you’ve been injured on the job, a Greenville workers’ compensation claim lawyer can help ensure you receive the full benefits you deserve. Workers’ compensation is designed to protect employees, but insurance providers don’t always play fair.
You may sometimes be entitled to additional compensation from your employer, even if you already receive workers’ comp benefits. Reach out to the CEO Lawyer Personal Injury Law Firm today to determine if you can claim and what benefits you may be eligible for.
Call our Greenville office today at (864) 664-3865 for your free consultation with a member of our team.
FAQs:
What should I do if my workers’ compensation claim is denied?
You should immediately consult a lawyer if your workers’ compensation claim is denied. They can help you understand the reasons for the denial and guide you through the appeals process to ensure your rights are protected and you receive the benefits you deserve.
Can I receive workers’ compensation if I am at fault for my injury?
You can still receive workers’ compensation benefits in most cases, even if you are at fault for your injury. Workers’ compensation is a no-fault system, meaning benefits are provided regardless of who caused the accident as long as the injury occurred during your employment.
What types of benefits can I receive through workers’ compensation?
Workers’ compensation benefits include medical expenses, wage replacement, and rehabilitation costs. In some cases, you may also be eligible for permanent disability benefits if your injury results in long-term or permanent impairment.
