Workers' Compensation Lawyer

Job Injury / Workers Compensation

Employees spend countless hours at work, and with so much time spent in the workplace, accidents are bound to happen. Sustaining an on-the-job injury or developing a work-related medical condition can put you in a challenging position, but workers’ compensation may be able to provide some relief.

The workers’ compensation process does frequently come with difficulties, but a lawyer for workers’ comp can provide exceptional guidance.

If you’re searching for “workers’ comp lawyers near me,” the Joel Bieber Firm has you covered. 

What Is Workers’ Compensation?

Workers’ compensation is a type of no-fault insurance certain employers must carry to protect their employees after workplace accidents.

If you sustain an injury or develop an illness while on the job, you can file a workers’ compensation claim for benefits.

Eligibility for workers’ comp depends on the details of your accident and other factors. For an illness or injury to qualify for workers’ comp in South Carolina, all of the following must be true:

  • You’re an employee
  • Your employer provides workers’ comp insurance protection
  • Your injury or illness was caused or developed while on the job
  • The time for reporting your injury or illness and filing for workers’ comp benefits has not passed

Challenges may arise when filing for workers’ compensation benefits. A qualified workers’ comp attorney can provide valuable guidance throughout the process to help ensure you’re approved and begin receiving the benefits you need as soon as possible.

Who Is Covered Under Workers’ Comp in South Carolina?
Generally, South Carolina employers with businesses that employ four or more employees must carry workers’ compensation insurance. However, there are certain exceptions, including the following:

  • Casual employees with no set work hours
  • Agricultural employees
  • Railroad employees
  • Real estate agents

If you fall into any of the above categories, you might not have workers’ compensation protection. If you are uncertain whether your employer must provide workers’ compensation coverage, discuss your situation with an attorney for workers’ comp.

Benefits Available Under Workers’ Compensation

Workers’ compensation in South Carolina provides a multitude of benefits, depending on your situation. Some essential benefits include:

Medical Expenses

Workers’ comp covers medical and rehabilitation expenses related to your workplace accident. 

Lost Wages

It is extremely common to have to take time off from work after an accident. Time off means lost earnings. Workers’ compensation provides workers with income replacement. Covered South Carolina employees are entitled to two-thirds of their average weekly earnings, but the weekly compensation cannot exceed $963.37.

Long-Term Disability

If a workplace accident results in a long-term disability, workers’ comp can provide disability benefits to aid the financial burden.

In cases involving the death of a worker, the employee’s family may be entitled to receive death benefits and funeral and burial costs. 

Common Workplace Accidents

Workplace accidents depend on your specific job and working conditions. Some industries are inherently more dangerous than others. 

The most common type of workplace accidents are often those involving these incidents:

  • Falling from a height
  • Slipping on dangerous surfaces
  • Being struck by objects
  • Electric shocks
  • Explosions
  • Overexertion
  • Motor vehicle accidents

To be eligible under SC workers’ comp, you must have been harmed during the scope or course of your employment. This means that you must be carrying out work duties at the time of your accident.

Qualifying Injuries Under Workers’ Comp

Typically, injuries that qualify under workers’ compensation in South Carolina include the following:

  • Physical injuries
  • Mental health injuries
  • Repetitive stress injuries
  • Occupational diseases

Some of the most common types of injuries and illnesses that occur in the workplace include:

  • Burns
  • Cuts and lacerations
  • Fractured and broken bones
  • Back injuries
  • Joint injuries
  • Head and neck injuries
  • Cancer
  • Respiratory illnesses
  • Hearing or vision loss
  • Skin conditions
  • Poisoning

If you sustain an injury while working or develop a serious illness or medical condition caused by your occupation, filing a workers’ comp claim may be your best option.

Report Your Injuries and File Your Workers’ Compensation Claim Timely

After suffering an injury or illness at work, you have a limited amount of time to report it and file a workers’ comp claim.

In South Carolina, you have 90 days from the date of your accident or diagnosis to report your work injuries or medical condition to your employer. The sooner you report, the better. Failing to report your harm to your employer may lead to a denial of workers’ comp benefits.

Additionally, you have two years from the date of the injury or diagnosis to file for workers’ compensation benefits in South Carolina. 

Sometimes, an employee passes away from a work-related injury or medical condition. In that case, the employee’s family has two years from the date of their death to apply for death benefits under workers’ comp.

Failing to handle your workers’ compensation claim promptly can have detrimental consequences. To help ensure your claim is handled appropriately, speak to a workers’ comp attorney in South Carolina. 

Workers’ Compensation and Third-Party Lawsuits

Workers’ compensation is generally a no-fault system, so you can likely receive benefits without assigning blame for your accident and injuries. 

In exchange for receiving workers’ comp benefits, you’re prohibited from pursuing any legal remedy against your employer, including filing a civil lawsuit for financial recovery.

However, the same cannot be said for third parties. If a third party has caused your accident or harm, you might be able to hold them accountable and file a lawsuit against them.

For example, if you’re a construction worker and sustain injuries in a worksite accident caused by a third-party contractor, you might have a valid personal injury claim against the contractor. 

Whether you are eligible to file a lawsuit against a third party for your work-related injuries depends on your circumstances. A workers’ compensation attorney can review the details of your case and provide beneficial legal advice.

Consult with a South Carolina Workers’ Comp Lawyer

The Joel Bieber Firm is dedicated to providing top-quality legal services for clients injured in the workplace. We know the workers’ compensation process can be tough and confusing, and we want to help take the stress and guesswork out of pursuing the benefits you’re owed. 

With over 400+ years of collective experience, we feel confident in our abilities to help our clients get the compensation and benefits they deserve. 

Contact our office today to request a complimentary case evaluation with one of our skilled South Carolina workers’ comp attorneys.

WHAT IS MY CASE WORTH?

Contact an experienced Injury Claims Lawyer at The Joel Bieber Firm today for your free initial consultation.