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    Accidents at work can be more than just painful. They can leave you unable to work, in need of medical attention, and worried sick over your family’s financial future. In 2022 alone, South Carolina employees suffered 1,184 workplace injuries that resulted in days off work and 577 that required work modifications or job transfers.

    In most cases, if you are injured at your workplace in Charleston, SC, your medical expenses and partial wage replacement, being 2/3 of your weekly wages, should be covered by workers’ compensation insurance. These benefits can help you get back on your feet and support you while you recover.

    At Joye Law Firm, our workers’ compensation attorneys have decades of experience helping injured workers in South Carolina obtain the full benefits provided by law. Since 1968, we’ve represented thousands of injured employees in many types of workers’ compensation claims, including manufacturing accidents, construction injury accidents, car accidents, and heavy equipment accidents.

    Our Case Results for Charleston Workers

    Our past case results illustrate our commitment to protecting injured workers’ rights and our ability to help you get fair compensation. Our firm’s settlement awards include:

    • Head of our Workers’ Comp Department, Attorney Matt Jackson, secured Matt Jackson Headshota $230,000 victory for a Charleston mechanic who sustained a serious back injury on the job. Dissatisfied with his former legal support, he turned to Joye Law Firm. We conducted a vocational evaluation that confirmed his permanent disability, resulting in a settlement that was over twice the original offer, which only recognized a 45% permanent disability.
    • Headshot of Joye Law Firm partner, Ken HarrellIn another case, a loyal employee for almost four decades suffered hearing loss from prolonged exposure to workplace noise. His employer initially rejected his request for hearing aids. Turning to Joye Law Firm for help, our determined legal team led by Managing Partner Ken Harrell, overturned the employer’s refusal. Through relentless advocacy, we not only obtained the necessary hearing aids for our client but also won a $40,000 settlement, vastly surpassing the initial cost of the aids.

    Joye Law Firm North Charleston Office Location

    5861 Rivers Ave
    North Charleston, SC 29406
    (843) 508-9015

    What is Workers’ Compensation?

    Workers’ compensation is a form of no-fault insurance providing wage replacement and medical benefits to workers injured on the job. This system ensures workers receive care and support following workplace accidents without having to prove negligence.

    In South Carolina, most employees have access to benefits that cover medical costs and lost income, including:

    • Medical expenses for workplace injuries or illnesses, including reimbursement for travel to and from medical appointments.
    • A worker helping another worker after he was injuredCoverage for lost wages, including time off for doctor’s appointments, without using personal time off (PTO).
    • Disability payments for those with temporary or permanent disabilities due to work.
    • Death benefits for dependents of workers who have died from job-related causes.

    Our workers’ compensation attorneys will fight to maximize your workers’ compensation benefits and help you find additional resources to help you move forward with your life. Some of these state and federal-sponsored programs include:

    • Vocational Rehabilitation to help injured workers find new employment after a disabling injury.
    • Social Security Disability income replacement through the Social Security Administration if injuries prevent a worker from any sort of return to work.
    • Scholarships for children of injured or deceased workers through Kids’ Chance of SC.

    Am I Eligible for Workers’ Compensation Benefits?

    Employees of most South Carolina employers are eligible for workers’ compensation benefits. South Carolina workers’ compensation law broadly defines who is an employee under Section 42-1-130:

    • Any person under contract, apprenticeship, or agreement for work, including written or spoken terms.
    • Covers both aliens and minors, whether employed legally or not.
    • State employees include South Carolina State and National Guard members on specific duties, volunteer state constables, and most non-elected officers and employees.
    • Municipal and subdivision workers include all non-elected officers and employees, except those in purely administrative roles with a set term.
    • In cases of injury or death, legal representatives and dependents are included.
    • Business owners can be covered under workers’ compensation if they are actively involved in business operations.

    If your employer is questioning your right to benefits because of your job status, our workers’ compensation lawyers can help. We’ll review the circumstances of your work accident to determine if you should get benefits and guide you on how to claim what you’re owed.

    Wage Benefits and Disability from S.C. Workplace Injury

    As part of your workers’ compensation benefits, you may be entitled to wage replacement or long-term disability payments. This compensation is typically based on the extent of your injury, its impact on your ability to work, and workers’ comp guidelines.

    Here’s what you need to know:

    • Notification and Immediate Medical Care: You must report your work-related injury to your employer within 90 days and seek immediate medical attention to ensure your health and begin the workers’ compensation process.
    • Contact Joye Law Firm for maritime lawsuitsWage Replacement Benefits: You’re eligible for weekly benefits if you cannot work for more than seven days due to your injury. These benefits cover two-thirds of your average weekly wage and are payable from the eighth day of disability. If the disability extends beyond 14 days, compensation also includes the first seven days.
    • Severe Disability Provisions: Workers who suffer severe injuries, such as paraplegia, quadriplegia, or significant brain damage, may qualify for lifetime disability benefits.
    • Partial Disability and Compensation: In partial disability cases, your compensation is determined based on medical evidence and how the injury affects your ability to work. This ensures that you’re fairly compensated for reduced earning capacity. You can receive these for up to 500 weeks.
    • Disagreeing With Medical Clearance: If you’re cleared to return to work by the employer-provided doctor but believe you’re not ready, you have the right to seek a second opinion. This ensures that your return to work is safe and appropriate based on your health situation.

    A North Charleston lawyer at Joye Law Firm will review the facts of your on-the-job accident and determine the compensation benefits you are eligible to receive. We can look at your employment status, the extent of your injuries, whether you are permanently disabled, and your wage rate to help you get your full benefits owed.

    How Our North Charleston Workers’ Compensation Lawyer Can Assist

    If your employer or the worker’s compensation insurance administrator denies your right to benefits or you believe you are not receiving all the benefits you are due, we can help. Our Lowcountry workers’ comp attorneys can walk you through the appeals process to ensure you get a fair hearing.

    Here’s how we can assist you:

    • Partner With Us from the Start: Getting our seasoned attorneys involved from the start means you’ll have professional advice every step of the way in the workers’ compensation process, from filing your first claim to handling any appeals.

    Our team knows South Carolina’s workers’ comp laws inside and out, and we have years of experience helping injured workers. Our team can help prevent common reasons for denial, including incomplete or inaccurate paperwork, lack of medical documentation, or missed deadlines.

    • Filing a Complaint Assistance: If your employer fails to report your injury or denies its occurrence at work, we can help you file a complaint with the South Carolina Workers’ Compensation Commission to get you benefits.
    • Evidence Gathering and Investigation: Our legal team can thoroughly investigate your accident, gathering evidence to substantiate that your injury is work-related, bolstering your claim’s credibility and strength.
    • Representation at Conferences and Hearings: We can represent you in informal conferences and formal hearings, advocating on your behalf before your employer and the S.C. Workers’ Compensation Commission. Our goal is to resolve disputes and secure the benefits you deserve.
    • Settlement Agreement Review: Before accepting any proposed settlement, our lawyers will examine the terms to ensure it provides fair compensation, particularly if you have lasting disabilities or need continued medical care. We offer the insight necessary to make informed decisions about your future.
    • Appeal Process Guidance: We can appeal on your behalf if you disagree with the workers’ compensation commissioner’s decision. We manage the appeal process, adhering to strict filing deadlines to ensure your case is reconsidered by the full commission or a higher court, aiming for a favorable outcome.

     

    Other Compensation Options for a Workplace Injury

    In addition to workers’ compensation, some injured workers can file personal injury claims against other parties for more compensation. This might include equipment manufacturers or subcontractors whose mistakes contributed to the injury.

    For example, if a malfunctioning machine from a third party causes your injury, our lawyers can assist you in taking legal action against the manufacturer. This could lead to compensation for medical expenses, lost wages now and in the future, and payment for your pain and suffering.

    Likewise, if you are driving for work when someone causes an auto accident, you may pursue a personal injury claim against the at-fault driver in addition to pursuing your workers’ compensation claim.

    In almost all cases, however, injured workers are barred from filing a personal injury claim against their direct employer. This is because state law considers workers’ compensation to be the “exclusive remedy” for workplace injuries.

    Call Our Charleston, SC Workers’ Compensation Lawyers

    If you have questions about whether you have a workers’ compensation claim, call for a free consultation with our North Charleston workers’ compensation lawyer at Joye Law Firm.

    We fight every day for the injured workers of South Carolina and are proud of our track record of success. We are also proud to be considered leaders in the field. Atty. Ken Harrell serves on the Board of Directors for the Workers’ Compensation Educational Association. He is a past president of South Carolina Injured Workers’ Advocates and has served as the co-chairman of this organization’s legislative affairs committee for 10 years.

    The Head of our Workers’ Compensation Department, Matt Jackson, served as the President of the South Carolina Injured Workers’ Advocates in 2019 and continues to serve on the Executive Committee. He was also selected as the Lawyer of the Year for Charleston Workers’ Compensation Law by Best Lawyers in America in 2024.

    Contact Us
    Ken Harrell Partner at Joye Law Firm