If you are an employee who has been injured at a Charleston workplace, your medical expenses and a portion of your lost wages should be covered by workers’ compensation insurance.
If your employer is disputing your right to workers’ compensation benefits or you believe that you are not receiving full benefits, talk with an experienced Charleston workers’ compensation attorney. Our friendly workers’ compensation lawyers at Joye Law Firm will treat you with respect and compassion.
At Joye Law Firm, our workers’ compensation attorneys focus on helping injured workers in South Carolina obtain the full benefits provided by law. Our Charleston workers’ compensation lawyers represent injured employees in many types of workers’ compensation claims including manufacturing accidents, construction injury accidents, heavy equipment accidents, and car accidents.
Take a look at the workers’ compensation settlements and awards we have secured for workers who were trying to recover. Each workers’ compensation claim has its own set of facts. You can be confident that our dedicated legal team will make every effort to secure a successful outcome of your claim.
Workers’ Compensation Benefits Attorney in Charleston, SC
As an injured employee, you are required in South Carolina to notify your employer of your work-related injury within 90 days of the accident. It is important to report your injury to your employer as soon as possible and to seek medical care.
Workers’ compensation generally provides the following types of benefits:
- Medical treatment
- Benefit checks to partially cover lost income
- Compensation for permanent disability or disfigurement.
Generally speaking, employers in South Carolina who employ four or more employees full-time or part-time are required to carry workers’ compensation insurance.
Workers’ compensation pays for emergency room care, surgery, hospitalization, doctor’s appointments, rehabilitation, medical devices, and prescription medications. If you are injured at work, you are required to be treated by the doctor selected by your employer to collect the benefits.
If you are unable to work for more than seven days because of a workplace injury, you may be eligible to receive weekly checks covering a portion of your lost wages.
If you are out of work for more than 14 days because of the injury, you are entitled to compensation starting from the date of the injury. Weekly workers’ compensation checks in South Carolina are equivalent to two-thirds of your average weekly wage.
A North Charleston lawyer at Joye Law Firm will review the facts of your on-the-job accident and discuss whether you may have a valid workers’ compensation claim.
The type of workers’ compensation benefits that you are eligible to receive will depend on your employment status, the extent of your injuries, whether you are permanently disabled, and your compensation rate when you were working.
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 that you are not receiving all the benefits you are due, then you have up to two years to file a workers’ compensation claim.
You may file a claim with the South Carolina workers’ compensation commission on your own if your employer does not report your injury or denies that your injury occurred on the job.
You are not required to have a lawyer represent you when filing a claim. However, the rules and procedures related to pursuing a disputed workers’ compensation claim are complicated.
Our experienced attorneys understand South Carolina workers’ comp law and can provide trusted guidance based on decades of experience helping injured workers. We can investigate the accident to gather evidence to prove that your injury was work-related.
We can represent you at an informal conference with a representative of your employer and the S.C. Workers’ Compensation Commission. The purpose of the conference is to try to resolve the dispute about your claim.
We can review any settlement agreement presented by your employer and offer guidance on whether it is a fair settlement offer. Without legal representation, you may be unsure what your rights are as far as workers’ compensation benefits if you have a permanent disability or need additional medical care and treatment.
Our attorneys can represent you at a formal hearing before a South Carolina Workers’ Compensation Commissioner and present evidence to support your claim for benefits. The hearing is typically held in the county where the workplace accident occurred.
If you disagree with the decision made by the workers’ compensation commissioner, our S.C. workplace injury lawyers can appeal the order. We can file an appeal on your behalf to have the full commission or a panel of commissioners review the decision.
Appeals of decisions made by a single commissioner must be filed within 14 days, and appeals of the panel of commissioners must be filed in South Carolina Circuit Court within 30 days. Our attorneys can keep track of the filing deadlines and make sure your appeal is filed in a timely fashion.
Disability from S.C. Workplace Injury
If a worker has sustained a disabling work-related injury that resulted in a diagnosis of paraplegia, quadriplegia, or brain damage, the worker may be entitled to lifetime workers’ compensation benefits.
For cases of partial disability, the Workers’ Compensation Commission will determine the compensation based on the medical evidence and the effect of the disability on the injured worker’s ability to work.
If you have been released by the doctor provided by your employer to return to work and you disagree with the decision, we may be able to help. We can help you obtain another medical opinion about your work-related injury and your readiness to return to work.
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.
It includes both adults and minors, and both full-time and part-time workers. The deciding factor in determining whether a worker is an employee or an independent contractor is the degree of control the employer has over the worker.
If your employer is disputing eligibility for benefits based on your employment status, let our knowledgeable workers’ compensation attorneys at Joye Law Firm review the details of your workplace accident and discuss whether you are eligible to receive benefits.
Call Our Charleston, SC Workers’ Compensation Lawyers
Our attorneys handle workers’ compensation claims in Charleston, SC on a contingency fee basis. You will not owe a legal fee unless we obtain compensation for you through a workers’ compensation settlement or jury award. We are available to talk with you 24 hours a day, seven days a week.
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 Workers’ Compensation Educational Association.
He is a past president of South Carolina Injured Workers’ Advocates and he has served as the co-chairman of this organization’s legislative affairs committee for 10 years. He was selected for inclusion as 2016 Best Lawyers in America’s Lawyer of the Year for Charleston.
Additionally, the Head of our Workers’ Compensation Department, Matt Jackson, is currently serving as the President of the South Carolina Injured Workers’ Advocates and was selected for inclusion in 2018 Best Lawyers in America for Workers’ Compensation.