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 whether your workplace injury qualifies you to receive workers’ compensation. These are all valid questions that your workers’ compensation lawyer in Charleston can answer.
At Shelly Leeke Law Firm, we provide our clients with exceptional legal insight that starts with a free consultation regarding your case. We have recovered more than $6 million for our clients. Talk to our Charleston personal injury lawyer today. Trust Shelly Leeke.
Hire a Trusted and Experienced Charleston Workers’ Compensation Lawyer
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. The firm has successfully recovered millions of dollars in trial verdicts and workers’ compensation benefits for those in need.
Team Shelly Leeke includes legal advocates who can offer you the support you need when you need it most. Call Shelly now 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.
Making the decision to hire a workers’ compensation attorney in Charleston may be necessary in situations where you have complex injuries or you are not receiving fair compensation and treatment from your insurance provider.
Even if you are unsure if you need an attorney, we will provide you with a free consultation to discuss your options without any pressure to continue.
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.
mployers 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.
Our Charleston workers’ compensation lawyer can help you determine if your injuries are work-related and if you are entitled to additional compensation beyond what you may be receiving now.
Whether you were hurt at work or just learned of a diagnosis for long-term exposure, set up some time to discuss your injuries and losses with our lawyer. Let us become the advocate you deserve on your side.
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. Seek medical attention immediately after your accident and obtain 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 demonstrates your commitment 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.
Hire an Attorney
Most importantly, hire a lawyer who will answer your questions and provide insight into your legal options. Expect our law firm to guide and support you throughout this legal process, providing you with unwavering support as you recover.
Expect our lawyer to protect your future. Be sure to review our case results to learn more.
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.
If you were hurt at work, prioritize your recovery. Seek medical care, follow your doctor’s orders, and continue not to work until you are permitted to do so. While you heal, document your losses and record your feelings. Then, call a Charleston workers’ compensation lawyer who can guide you and has client testimonials to back up their success.
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.
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 Shelly Leeke Law Firm 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 workers’ compensation does not cover these damages.
Filing a third-party claim alongside your workers’ compensation benefits requires careful coordination. While workers’ compensation is a no-fault system that 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.
Suppose you are facing pain, suffering, and complications that extend beyond medical bills, and we can demonstrate that a third party is responsible.
In that case, you may be eligible to recover additional compensation. Our lawyer has the knowledge and resources to build a strong case for you, fighting for fair compensation so you can get back to your life.
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 on-site, it should be thoroughly documented.
- 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 for additional insight.
- Upon receiving your claim, the proposed reimbursement may cover medical expenses and lost wages, if applicable. You are allowed to appeal if your claim is denied, or contact us if you need additional financial assistance beyond the awarded amount.
Throughout this process, we encourage you to seek legal guidance if you do not feel you are being treated fairly or if your employer refuses to file a claim for you.
You have the right to a safe workplace, and when that does not happen, you have the right to compensation for your work injuries and lost time at work. A Shelly Leeke workers’ comp lawyer in Charleston can guide you through this process.
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.
In all situations, the sooner you contact our workers’ compensation attorney in Charleston, the faster we can begin working on your case, even if there were delays or complications before.
Many times, clients have no idea they can seek legal help or what a lawyer can do for them, especially if timelines are fading. Schedule a time to speak with us now and review our community involvement.
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. The burden of proving these losses is on your shoulders.
Unfortunately, the South Carolina Workers’ Compensation Act does not permit recovery for pain and suffering. As a result of this, you cannot seek compensation that goes beyond the financial losses of medical expenses, lost pay, and disability. However, there are other strategies we may pursue to obtain additional compensation for you.
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.
We encourage you to document all your losses and seek compensation for any damages you can prove. With the help of a Charleston workers’ compensation lawyer from our firm, the process is more straightforward.
Injuries That Qualify for Workers’ Compensation
Usually, workers’ compensation will pay for an employee’s injuries if they occur while the employee is on the job site. However, if the injury occurs off-site, it must have happened while the employee was working within the confines of their employment for it to be covered by the law.
The extent of employment is determined by the degree of control the employer had over the situation at the time the disaster occurred. 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.
These are some, but not all, of the potential injuries you may have after a work-related accident. We encourage you to seek medical care if you are hurt or suffer any injury on the job.
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 about your claim, need assistance navigating the claims process, or require help understanding how to proceed further, we are here to support 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 in more detail. 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’ compensation until they remarry or reach the maximum number of weeks allowable, while children can continue receiving workers’ compensation 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 attorneys’ fees per South Carolina Judicial Branch Rule 1.5: Fees.
With Shelly Leeke Law Firm, we only get paid if we win your case. Review our dedicated FAQs section to learn more.
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 that 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 support you during these challenging 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. Call Leeke now!
