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    Man with a neck brace on talking to his doctor

    When John* showed up for work on the loading docks, he had no idea his life was about to change. An inadequately secured locking bar on a tractor-trailer, ironically one that he had previously cited as a safety concern, inevitably and suddenly gave way. It struck his neck and left him with debilitating pain even after an aggressive multi-level cervical fusion surgery. Attorney Sarah Khouri of Joye Law Firm’s Columbia office worked with John to get him the medical care he needed, temporary total disability weekly benefits, and ultimately, a $175,000 settlement.

    Neck injuries, like John’s and so many others, are among the most expensive workplace claims in the United States.. These cases often involve long-term medical treatment, wage replacement payments, and other benefits that injured workers depend on to protect their health and financial stability.   Unfortunately, the workers’ compensation system in South Carolina is complex. Claims involving long-term treatment or permanent disability are especially complex and must be managed with precision to ensure the injured worker receives the full range of benefits they’re entitled to under the law.

    If you are coping with neck pain after a job accident in South Carolina, this isn’t a do-it-yourself job. Joye Law Firm’s workers’ compensation team stands ready to help you pursue a settlement that maximizes your medical and financial benefits.. Call us at (888) 324-3100 to schedule a free consultation with a workers’ compensation attorney who will fight for full and fair compensation.

    *Client’s name changed to protect their privacy.

    Why Consult Our Lawyers at Joye Law Firm for Workers’ Compensation

    If you’ve been hurt at work, dealing with the workers’ compensation system can be confusing and frustrating. The legal team at Joye Law Firm help make the process easier and protect your rights from start to finish.

    1. We Know South Carolina Workers’ Compensation Law

    Workers’ compensation laws in South Carolina can be strict. We’ve handled these cases for decades and know what steps to take to help get you the medical care and financial compensation you may be owed. We will clearly explain your rights, help you avoid common mistakes, and work to secure the benefits you’re owed.

    2. We Deal with the Insurance Companies for You

    Dealing with workers’ comp insurance adjusters can be frustrating, especially when they delay, undervalue, or even deny your claim. We will deal with them for you, so you can focus on recovering from your injuries and getting back to your life. We are here to push back if they try to underpay or stop your benefits too soon. Injured workers must use the physicians chosen by their employer’s insurance company. However, if you feel you need a second medical opinion, we will file the necessary paperwork and request a hearing to prove why.

    3. We Help Maximize Your Benefits

    Many workers don’t receive all the benefits they’re entitled to. You may be able to receive payments for:

    • Wage replacement
    • Medical treatment
    • Mileage reimbursement
    • Permanent injury
    • And other permanent/partial disability compensation

    We review your case and fight to make sure nothing is missed and help you get the maximum compensation available for your injuries. We will also investigate your claim for the potential for a third-party personal injury claim. Those cases are where another party (not your employer) played a role in your work injury. For example, if you were injured in a car crash while working as a delivery driver, we can handle both your workers’ compensation claim and your third-party auto accident claim.

    4. No Upfront Costs

    We offer a No Fee Quarntee. Since we work on a contingency fee basis, you don’t pay unless we win your case. Our workers’ compensation attorney fees are in line with industry standard of 33.3% and come from a percentage of your settlement, not from your pocket. Our fee agreement is easy to understand, and we will never surprise you with an unexpected charge. In fact, in some cases we reduce the fee we charge to ensure our client always walks away with more than we earn.

    5. We’ve Helped Tens of Thousands of Injured Workers

    Since 1968, Joye Law Firm has represented tens of thousands of workers across South Carolina. Our goal is to ensure injured workers receive the medical treatment they need at no cost and are fairly compensated. Our attorneys understand the challenges you face and will work hard to support you throughout the process.

    6. You Get a Team That Listens

    We don’t treat you like a case number. Your dedicated attorney and case manager will listen, keep you updated, and answer all your questions. We know how stressful an injury can be, so we try to take as much off your plate as possible.

    Joye Law Firm’s Most Notable Work Injury Results

    • $6 million verdict for a construction worker crushed by a work truck
    • $1.5 million recovery for an employee severely injured in a multi-story fall
    • $1.25 million settlement for a truck driver pinned by an unsecured load
    • $694,000 award for an 18-wheeler driver badly hurt on the job
    • $575,000 settlement for a client injured while stepping down from a truck
    • $478,000 negotiated for a roofer who sustained a brain injury and other trauma in a fall
    • $475,000 settlement for a laborer hit by falling debris
    • $465,000 settlement for a ladder fall that caused a severe head injury
    • $425,000 recovery for a longshore worker with a disabling back injury
    • $420,333 mediation for a tree-trimmer who fractured his leg and injured his back in a ladder fall

    Note: Past results do not guarantee a similar outcome. Every case is unique.

    Real Stories of Justice: How Joye Law Firm Advocated for Work Related Neck Injury

    Just like John’s story, explore how Joye Law Firm helped a dedicated nursing aide and a veteran construction worker overcome serious workplace injuries and secure the compensation they deserved.

    1. $50,000 Settlement for 75-Year-Old Nursing Aide Assaulted at Work

    A 75-year-old nursing aide, dedicated to assisting the elderly, was assaulted by a patient, resulting in injuries to her shoulder, neck, and back. Following the attack, she was dismissed from her position, leaving her distressed and uncertain about her future. She sought assistance from Joye Law Firm, where Attorney Sophie Dieckhaus took on her case. Dieckhaus gathered comprehensive evidence, including medical records and witness statements, to build a strong case. Her efforts culminated in a $50,000 settlement, providing the client with both financial relief and validation of her experience.

    2. Construction Supervisor Receives $165,000 After Being Struck by Falling Axe

    In Awendaw, a 66-year-old construction supervisor was injured when a misplaced axe fell from machinery, striking him on the head and neck. He was rushed to the hospital, where he received treatment for a deep laceration. Subsequent evaluations revealed he suffered from post-concussion syndrome, PTSD, and severe depression. Attorney Matt Jackson of Joye Law Firm arranged for an independent medical examination to substantiate these findings. His advocacy led to a $165,000 settlement, addressing both the physical and psychological impacts of the incident.

    What Is the Average Workers’ Comp Settlement for a Neck Injury?

    According to the National Safety Council (NSC) average workers’ comp settlement for a neck injury is $68,021. That figure is a blended national average. Settlements may range from a few thousand dollars for minor sprains to millions for serious neck injury cases requiring surgery or causing permanent damage.

    How Is the Settlement Amount Determined for Neck Injuries?

    • Severity of the injury and medical treatment plan: The nature and extent of your neck injury both play a major role in determining your compensation. A mild strain or soft tissue injury may only keep you out of work for a few weeks and could be managed with conservative care such as physical therapy or chiropractic visits. These cases tend to result in lower settlement values, especially if you’re expected to make a full recovery with few long-term limitations. However, serious injuries, such as herniated discs, fractured vertebrae, or spinal cord trauma, often involve long recovery periods, higher medical costs, and permanent impairment. These cases typically require more extensive treatment like epidural steroid injections, nerve blocks, or cervical spine surgery. If complications arise or multiple procedures are needed, the case becomes even more complex and the potential settlement value increases.
    • Permanent partial disability (PPD) rating and loss of earning capacity: If your injury leaves you with lasting physical limitations, you may be assigned a PPD rating for that body part. Every body part carries a different value and all injured body parts must be considered. Depending on the injured body parts and PPD rating, it may be difficult or impossible for you to return to your previous job. We frequently collaborate with vocational experts to evaluate the types of work you may be able to perform after reaching Maximum Medical Improvement (MMI) or whether you’ll be able to return to work at all. Their evaluations can play a key role in determining the full extent of your compensation.
    • Average weekly wage and wage replacement: Workers’ compensation benefits are largely calculated based on your pre-injury wages. The higher your average weekly wage, the more you may be entitled to receive in wage replacement benefits. Missed work due to recovery, doctor’s appointments, or restrictions can add up quickly, especially for workers in physically demanding roles. South Carolina has a maximum weekly compensation that is designated every year by the Worker’s Compensation Commission.
    • Need for future medical care: Serious neck injuries may require ongoing or even lifelong treatment. When settling your case, it’s important to plan for these future medical needs. You have several options such as Medicare Set-Aside, clincher agreement, or keeping your medical benefits open. Choosing the right path depends on your long-term health needs, Medicare eligibility, and financial goals. Our attorneys can walk you through each option and work with medical professionals to ensure your future care is properly valued and protected in your settlement.

    It’s essential to wait until you reach Maximum Medical Improvement (MMI), the point at which further recovery is not expected. MMI supplies a clear view of permanent disability and future costs, ensuring that you don’t incur future unexpected expenses due to your work injury. Settlement offers can still arrive earlier if the carrier hopes to limit exposure, or later if disputes arise over medical necessity or work restrictions.

    Your attorney will calculate a fair compensation range by adding medical bills, future medical expenses, and the present value of wage benefits, then negotiate with the insurance company for maximum compensation.

    Can I File a Lawsuit in Addition to My Workers’ Compensation Claim?

    In many neck injury cases, workers’ compensation is only part of the picture. If someone other than your employer or a co-worker was responsible for your injury, you may also be able to pursue a third-party personal injury lawsuit to recover additional damages.

    Workers’ compensation benefits cover medical care and wage replacement, but they do not account for pain and suffering, full lost income, or punitive damages. A third-party suit can help bridge that gap.

    Examples of third-party liability include:

    • A delivery driver injured in a car crash caused by another driver
    • A warehouse worker hurt by defective machinery or poorly maintained equipment
    • A construction supervisor struck by falling tools due to another contractor’s negligence
    • A nurse or healthcare worker injured at an off-site facility due to unsafe premises
    • An employee injured by a subcontractor or vendor who isn’t part of their direct employer
    • In John’s case (referenced above), for example, if the faulty locking bar was the responsibility of an outside company that maintained or loaded the trailers, he may have been eligible for both a workers’ compensation claim and a third-party negligence lawsuit.

    Why This Matters:
    Filing both claims can significantly increase your total recovery. Our legal team will conduct a full investigation to identify all possible sources of compensation. If third-party negligence played a role in your injury, we’ll pursue those claims alongside your workers’ compensation case.

    At Joye Law Firm, we understand how to coordinate these dual-track claims to avoid jeopardizing your workers’ comp benefits while maximizing your financial recovery.

    Do All Neck Injuries Qualify for Workers’ Compensation?

    Most workers’ comp neck-related injuries—acute or cumulative—qualify if they arise in the course and scope of employment. Covered conditions include:

    Claims can be denied if the insurer proves the injury happened off-duty, was self-inflicted, or was due to intoxication. If your employer’s workers’ comp insurer attempts to deny or devalue your claim, a Joye Law Firm workers’ compensation lawyer can advocate for you. Don’t let an insurance company decide your future. Let our experienced team protect your rights and guide you every step of the way. Call us today for a free consultation.

    What If I Had Neck Problems Before the Work Injury?

    South Carolina’s aggravation rule states that if work activities worsen a pre-existing condition, the employer must cover the degree of worsening and related medical care. A detailed medical history and imaging studies help your lawyer show the change from old baseline to new injury. If the carrier tries to reduce the settlement by pointing to prior problems, Joye Law Firm can bring in medical specialists to give objective testimony.

    Will Workers’ Compensation Cover Future Medical Expenses?

    Yes, if the claim remains open. You are entitled to all reasonable and necessary treatment that stems from the work-related neck injury, including:

    • Follow-up visits and diagnostic imaging
    • Prescription medication and medical devices
    • Physical therapy or chiropractic care
    • Injections or pain-management procedures
    • Surgery such as anterior cervical discectomy and fusion (ACDF)
    • Mileage to approved medical visits

    When you accept a full clincher, future medical costs are rolled into the lump sum and the carrier’s obligation ends. Your lawyer will weigh projected expenses against the cash offer to be sure you do not trade away needed care.

    Talk With Joye Law Firm About Your Neck Injury Claim

    Neck injuries interrupt work, limit mobility, and threaten long-term earning power. You shouldn’t have to navigate the workers’ compensation system alone. Schedule a free consultation with Joye Law Firm today.

    Our attorneys have not only represented thousands of injured workers across South Carolina but have also held leadership roles in statewide workers’ compensation associations dedicated to improving the system and educating other attorneys. We’re committed to protecting injured workers and making sure the process is fair for everyone. Let us review your workers’ compensation claim and fight for the benefits you deserve. Reach out now and let us put our experience to work for you.

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    Attorneys at Joye Law Firm's Myrtle Beach office