South Carolina Workers’ Compensation Attorney

Many work-related injuries are the result of:

• Poor ergonomics. Inadequate workstations or improper body postures can lead to musculoskeletal issues over time. This is especially prevalent in office environments where workers sit for long periods.
• Overexertion and physical strain. This is common in fields that require heavy lifting, constant motion, or strenuous physical activity. Overexertion can lead to a variety of injuries, including strains, sprains, and hernias.
• Slips, trips, and falls. These are among the most common types of workplace injuries and can occur in any work environment, whether it be an office, construction site, or retail store.
• Repetitive strain injuries. These injuries occur over time due to one or more repeated motions required by your job. An example of this is carpal tunnel syndrome, a common condition among individuals who spend long hours typing without sufficient ergonomic support.
• Machinery accidents. These accidents are particularly common in industrial settings where workers interact with heavy machinery. Lack of training, equipment malfunctions, and inadequate safety measures can all contribute to machinery-related injuries.
• Exposure to hazardous materials. In certain industries, workers may be exposed to toxic substances, which can lead to various health issues, including respiratory problems, skin conditions, and even cancer, if adequate safety measures are not implemented and enforced.

What Should I Do after Suffering a Work-Related Injury in South Carolina?

If you are hurt in a work-related accident, do not be afraid to see a doctor and get checked out. Keep a record of their medical evaluation, including any diagnoses, and report the accident as well as any known injuries you sustained to your employer. This report must be made in writing within 90 days of the accident, though it is in your best interest to speed up the process and start the process right away. If you do not notify your employer within 90 days, you can lose your right to workers’ compensation benefits.

But what about repetitive strain injuries and occupational illnesses? These conditions are not tied to a single event, which makes it tougher to determine when it became reasonably apparent the injury or illness was work-related – a reality that employers or their insurers sometimes try to leverage to deny benefits. South Carolina gives you 90 days from the date you discovered or reasonably should have discovered your injury is work-related to notify your employer and begin the workers’ compensation process. So, if you even start to suspect a repetitive stress injury or illness may have been caused by your job, you should notify your employer to protect your right to benefits.

Once you have informed your employer, you should reach out to Lanier Law Group, P.A. for tailored legal advice. We can walk you through what to expect and assist you with each step of filing your workers’ compensation claim.

Can I Sue My Employer for a Work-Related Injury in South Carolina?

You may be wondering if you have the right to sue your employer for negligence instead of filing a workers’ compensation claim. Under the law, you cannot usually sue your employer for a work-related injury, even if they were negligent. 

There are two major exceptions, however. First, if you can prove your employer intentionally harmed you, you have the right to sue them for damages instead of filing a workers’ compensation claim. Second, if your employer was required by law to carry workers’ compensation insurance but failed to do so, you can sue them to cover your losses. 

Finally, note that if a work-related accident was caused by the actions of a third party – anyone other than your employer or a co-worker – you may be able to file a personal injury lawsuit against the third party. A personal injury lawsuit can help you recover full compensation for lost income as well as non-economic damages like pain and suffering. 

Types of Workers’ Compensation Benefits in South Carolina

When you suffer a work-related injury, you may be temporarily or permanently unable to return to your old job. If your injuries are catastrophic, you may be unable to do any meaningful work at all. On top of that, you will likely be looking at mounting medical bills as you get the care you need. Workers’ compensation benefits are meant to help cover some of this lost income as well as the costs associated with medical treatment. 

In South Carolina, workers’ compensation benefits cover: 

• Medical expenses
• A portion of your lost income (generally two-thirds of your average weekly wage)
• Death benefits if a loved one passes away due to a work-related injury or illness

Note that your employer and their insurer have the right to choose your doctor and where you receive treatment when they are covering your medical expenses through the workers’ compensation system. You do have the right to request a different doctor, and we can provide guidance and advocacy should this become necessary.

Temporary total disability benefits, temporary partial disability benefits, and/or permanent partial disability benefits may be available depending on the seriousness of your injuries. Our South Carolina workers’ compensation attorney is on your side and recognize what is at stake. We will always fight to secure the best possible result.