Charleston Workers’ Compensation Lawyers

If you have been injured on the job in Charleston or a surrounding area, you may be eligible to receive workers’ compensation benefits including medical treatment coverage, continued pay, and more. While the South Carolina workers’ compensation system was built to help injured workers, it is not always an easy process to navigate on your own. Whether you’ve started the SC workers’ compensation process or not, our experienced workers’ compensation team is here to help answer any questions you may have. If you would like to learn more or think you may have a case, please call our office today at (843) 888-9000 for a free consultation.

What is the Workers’ Compensation Process in Charleston, SC?

If you or a loved one has been injured on the job in Charleston, you likely have a lot of questions about where to begin and what the process will look like. While each case is different, the typical process follows this timeline:

1. Notify your employer: This needs to be done within 90 days of the accident; however, the sooner the better. This should be done via a written report to either your supervisor or administrator.
2. File a claim: This should be done within 10 days of giving notice by your employer or yourself via a Form 50. This can be found on the South Carolina Workers’ Compensation Commission (SCWCC).
   1. It’s important to note that while it’s in your best interest to act fast, most injured employees have two years from the date of the accident/injury to file a claim.
3. Visit an approved medical provider and follow the treatment plan: Your employer’s insurance company will provide you with a medical provider(s).
4. Consult with a workers’ compensation attorney: There are many benefits to hiring an attorney to help you through the workers’ compensation process.

Workers’ Compensation Benefits in Charleston, SC

Depending on the specifics of your case and policy, you may qualify for various workers’ compensation benefits under state law, including but not limited to:

• Past, Current, and Future Medical Expenses
• Lost Wages
• Reduced Earning Capacity
• Loss of Life Benefits
• Partial Disability Benefits
• Permanent Disability Benefits
• Bodily Disfigurement
• Medical Appointment Transportation
• Other Benefits

The benefits you qualify for depend on your specific policy and injuries. We will gladly help you understand your benefits and options during your free consultation. To schedule a free consultation, please call our office at (843) 888-9000, email info@ctlawsc.com, or submit a secure online form.

Disability from a Workplace Injury

There are various types of disability benefits if a work injury causes permanent disability. These include permanent total disability and permanent partial disability.

Permanent Partial Disability (PPD): These serious injuries include

• Loss of up to 49% of the use of your back
• Loss of a leg
• Loss of an arm
• Loss of a vision in one eye
• Loss of one finger
• Loss of one toe
• Loss of a foot
• Other

In these instances, you may be eligible to receive PPD benefits equal to two-thirds of your average weekly wage/salary for a range of time depending on your injury/injuries. Have any questions? We’re here to help 24/7. Give us a call at (843) 888-9000.

Permanent Total Disability (PTD): These catastrophic injuries are typically due to a spinal cord, head, neck, or back injury. Examples of PTD injuries include injuries that severely affect/harm:

• 50% or more of the use of your back
• Both shoulders
• Both legs
• Both arms
• Both eyes
• Both feet
• Both hips
• Two different body parts
• Or results in tragic loss of life.

In these cases, the injured employee or their dependent are entitled to two-thirds your average weekly wage for 500 weeks. This is usually paid in a lump sum.

If the injury left you or a loved one paraplegic, quadriplegic, or brain damaged, you may be eligible to collect benefits for life.

In addition, you may be eligible for and benefit from Vocational Rehabilitation. This helps pay for the training needed to find a job you or a loved one can work. These services can also help you find a job, build and update your resume, improve interview skills, and more.

Am I Eligible for Workers’ Compensation Benefits?

 Not every employee in Charleston is eligible for workers’ compensation benefits under South Carolina law. If you are a federal employee, working at a business with less than four employees, agricultural worker, corporate officer, independent contractor, realtor, or temporary employee, you may not qualify for workers’ comp benefits. Our team is here to help you understand your eligibility status and rights under SC law. Simply give us a call at (843) 888-9000.

Can I Talk To My Employer During a Workers’ Comp Claim?

You might feel unsure about what you should or should not discuss with your employer during the workers’ compensation claims process. This is not uncommon. Before filing the claim, you will need to explain the details of the accident with your supervisor. During your comp claim, you will likely need to discuss your treatment, estimated time needed off work due to your injury or injuries, and a return to work game plan. However, once your case has been settled, you should not talk about your settlement to your boss/coworkers.

Can I Be Fired For Filing a Workers’ Compensation Claim?

No, it is against the law for your employer to fire you for filing a workers compensation claim seeking benefits for a work-related injury or illness. It is also illegal for your employer to fire you strictly for being unable to work due to an injury or illness. Your employer should work with you and make accommodations for you during the recovery process.

Can I Sue My Employer If I Get Hurt at Work?

Typically, no. South Carolina statutory laws protect employers by making workers’ compensation claims the only route for employees who have been injured on the job. There are some cases in which you may be able to bring a suit against third parties, such as contractors or manufacturers. If you think you may have a case against a third-party, it’s in your best interest to speak to a workers’ compensation lawyer to discuss your options.

Get a Free Workers’ Compensation Case Evaluation

Not sure if you have a case or if you need to hire an attorney for a Charleston work injury? We’re happy to help you understand your options. Cavanaugh & Thickens, LLC, is a highly-rated and award-winning workers’ compensation law firm offering free consultations. To get in touch with our team, simply call (843) 888-9000 or fill out our no obligation case evaluation.

You deserve a great workers’ compensation lawyer on your side to handle the complex SC workers’ compensation process for you so you can focus on recovering. We fight hard to get injured workers the maximum of what they’re owed under state law every single day, and we are here to help you get through this.

 Other Frequently Asked Questions