If you’ve suffered an injury at work, the proven South Carolina workers’ comp attorneys at Joye Law Firm can help you through the bureaucratic process of securing the money and benefits you deserve. Respect, compassion and care are what you can expect from our lawyers and staff. Since 1968 we have helped injured people like you recover not just the money they are entitled to, but also their lives.
Let us help you, too. Just Call Joye. You can reach us at (877) 537-1920 or fill out an online form for a free case review.
Experience Counts
The proven workers’ compensation attorneys at Joye Law Firm are committed to our clients. With more than 110 years of collective litigation experience, the South Carolina workers’ comp attorneys at Joye Law Firm have received an AV rating from the prestigious Martindale-Hubbell, and several have been recognized as Super Lawyers. Partner Ken Harrell has previously served as president of Injured Workers’ Advocates, South Carolina’s leading organization dedicated to protecting the rights of injured workers. For the past four years, he has served as the co-chairman of the organization’s legislative affairs committee.
While every case is different, and past results are in no way intended to guarantee that a similar result can be obtained in another case, past results obtained by a law firm are an indication of the firm’s experience when it comes to serious injury and wrongful death cases. For more information on the results the Joye Law Firm has previously obtained on behalf of South Carolina injured workers, please click on the workers’ compensation results tab on the home page.
Frequently Asked Questions About South Carolina Workers’ Compensation
Who is covered by South Carolina workers’ compensation?
Virtually all employees are covered by workers’ comp, with a few notable exceptions. The SC Workers’ Compensation Act defines employees as “every person engaged in an employment under any appointment, contract of hire, or apprenticeship, express or implied, oral or written, including aliens and also including minors, whether lawfully or unlawfully employed.” Workers who are determined to be independent contractors are not covered by workers’ comp, although just because your employer calls you an independent contractor doesn’t mean you are one. One of the tests for separating employees from independent contractors is the degree of control an employer exercises over you. Also excluded from workers’ comp coverage are agricultural employees, railroad workers, federal employees and certain real estate salespeople, among others. Also, you are not covered if you work for a small business that has fewer than four workers or a payroll of less than $3,000.
What type of injuries qualify for workers’ compensation benefits?
South Carolina workers’ comp benefits apply to an “injury by accident arising out of and in the course of employment.” The terms “injury,” “accident,” “arising out of” and “in the course of” have special legal meanings, but, generally speaking, any injury you suffer while performing your normal work duties will entitle you to workers’ comp benefits. Some exceptions apply, such as if you were intoxicated when you were hurt and it is proven that your intoxication caused your work accident, or if you intentionally hurt yourself. In addition to things we normally think of as “accidents,” you can also recover workers’ compensation benefits for occupational diseases (asbestos-related cancer, for example) and for work-related repetitive trauma injuries (such as carpal tunnel syndrome).
How much of my medical expenses will workers’ compensation cover?
If you qualify, the SC workers’ comp system will pay for 100 percent of all “necessary medical treatment that is likely to lessen your disability.” Although you must go to the doctor your employer or its insurance carrier chooses, workers’ comp generally will pay for all hospital treatments, doctor’s office visits, surgeries, medical supplies and prescriptions. It even pays you mileage if you must travel more than 10 miles for treatment.
If I’m disabled by an on-the-job injury, how much will SC workers’ compensation pay in disability benefits?
If you are found to be totally disabled by your workplace injury, workers’ comp will pay you 66.67 percent of your average weekly wage based on what you were earning during the four quarters prior to your accident. Benefits are capped at 100 percent of the statewide average weekly wage, which was $704.92 as of 2011. You must wait seven days before you can collect disability benefits. However, if you are out of work for more than 15 days, you are entitled to back pay for the first week. The maximum award for total disability or death is 500 weeks of compensation, unless your accident resulted in paraplegia, quadriplegia or a physical brain injury.
What are the deadlines for filing a workers’ compensation claim in South Carolina?
If you are injured in a workplace accident, state law requires you to give notice to your employer “on the occurrence of an accident, or as soon thereafter as practicable,” but in any event, within 90 days after the accident. With repetitive trauma cases, you must give notice within 90 days of the date you discovered or should have discovered that you have a compensable condition. There are some narrow exceptions to the 90-day notice rule, such as if a mental or physical incapacity prevented you from giving notice. You then generally have two years to file your claim. Repetitive trauma cases require a filing within two years after “you knew or should have known” that you have a compensable injury, but no more than seven years after your “last date of injurious exposure.” Occupational disease claims must be filed within two years after you were definitively diagnosed with the condition and notified of it. None of these time limits apply to claimants who are mentally incompetent and have no guardian or trustee.
Why should I file a workers’ comp claim instead of just relying on my health insurance?
Unlike most private health insurance plans, workers’ compensation will pay for 100 percent of the medically necessary treatments that are related to your workplace injury. There are no deductibles, no co-payments and no lifetime caps. Also, workers’ compensation will reimburse you for mileage if you must travel more than 10 miles to appointments or the pharmacy. If your workplace injury causes you to be unable to work, you could qualify for disability benefits — something that is unavailable under virtually all health insurance plans.
More Questions? Contact Joye’s Workers’ Compensation Lawyers Today
If you’ve been injured in a South Carolina workplace accident, you can trust our dedicated attorneys to get you the money and benefits you are entitled to.
Just Call Joye at (877) 537-1920 or fill out our free online case evaluation form.
