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Charleston Workers’ Compensation Lawyers

If you have been injured on-the-job in Charleston, there is an exclusive remedy system in place referred to as workers’ compensation and this is the only way an injured worker is permitted to file a lawsuit against an employer. There are some exceptions to this rule. However, in general, a worker cannot file a personal injury lawsuit against an employer or even pursue a claim outside of the workers’ compensation system.

What is important to understand is that even though the state’s workers’ compensation system does not allow an injured employee to file a lawsuit against an employer, that same injured worker may file a claim against third parties, such as other contractors on the worksite. In other words, they may file suit against another person or entity that is not their direct employer. A third-party claim allows an injured victim or their family members to get their case into the court system and to seek compensation not under state workers’ compensation laws.

When it comes to work-related injuries, an employee does not have to prove negligence, meaning employers are virtually always liable/responsible for work-related injuries. If an injury happens while a worker was doing their job/work duties, workers’ compensation insurance must pay benefits to the employee.

In Charleston, you are generally able to pursue a lawsuit against a third party responsible for causing your injuries, while also pursuing a workers’ compensation claim. However, it is vitally important to consult with an experienced workplace injury attorney and have your claim assessed to make sure you do not do something that ends up terminating your benefits. There are certain rules and regulations to be followed within and without the system and if they are not followed, it could jeopardize a worker’s benefits.

The downside of the workers’ compensation system is that there are rules that limit a worker’s rights. For instance, a worker may not sue his or her employer for an injury. With few exceptions, he or she must file a claim under the workers’ compensation system. Another potential downside is that benefits are limited under the system and may not be as all-inclusive as damages/compensation possibly attainable by filing a personal injury lawsuit.

If a worker dies on-the-job, surviving family members are unable to file a wrongful death lawsuit action against the employer. Instead, by law, the family receives designated benefits under workers’ compensation system. Payments usually include funeral and burial costs, but do not include compensation for grief and sorrow or loss of companionship. Thanks to these and other limitations in the workers’ compensation system, a number of injured workers or their family members consider filing a third-party workplace injury claim.

Third parties who may be liable for on-the-job injuries may include:

  • Project managers
  • Defective equipment manufacturers
  • Non-employer supervisors
  • Outside vendors
  • Drivers
  • Outside contractors
  • Public utility providers (if a provider is affiliated with the government, this involves government immunity
  •  
    Workers’ compensation in Charleston applies to all places of business with four or more workers, full or part time. The exceptions to this rule are for:

  • Railway express/railroad workers
  • Realtors paid by commission
  • Textile Hall Corporation workers
  • A workplace where the payroll is less than $3K
  • Agricultural workers
  •  
    Make certain you know what your job classification is where you work, as some employers misclassify workers to avoid paying workers’ compensation claims. You need to know whether you are classified as volunteer, an employee or considered to be an independent contractor. Your classification affects whether or not you are eligible for workers’ compensation if you are injured at work.

    To find out how our experienced attorneys can fight for you and your family following a workplace injury accident, call the Steinberg Law Firm, LLP, at 843-720-2800 for a FREE case review. We serve Charleston, Goose Creek, Summerville and surrounding areas.

    RESULTS

    WE HAVE RECOVERED OVER $500 MILLION FOR CLIENTS IN THE LAST 10 YEARS, INCLUDING:
    $2,750,000 in a product defect case, scissor lift malfunction.

    Charleston Workers’ Compensation Lawyers

    If you have been injured on-the-job in Charleston, there is an exclusive remedy system in place referred to as workers’ compensation and this is the only way an injured worker is permitted to file a lawsuit against an employer. There are some exceptions to this rule. However, in general, a worker cannot file a personal injury lawsuit against an employer or even pursue a claim outside of the workers’ compensation system.

    What is important to understand is that even though the state’s workers’ compensation system does not allow an injured employee to file a lawsuit against an employer, that same injured worker may file a claim against third parties, such as other contractors on the worksite. In other words, they may file suit against another person or entity that is not their direct employer. A third-party claim allows an injured victim or their family members to get their case into the court system and to seek compensation not under state workers’ compensation laws.

    When it comes to work-related injuries, an employee does not have to prove negligence, meaning employers are virtually always liable/responsible for work-related injuries. If an injury happens while a worker was doing their job/work duties, workers’ compensation insurance must pay benefits to the employee.

    In Charleston, you are generally able to pursue a lawsuit against a third party responsible for causing your injuries, while also pursuing a workers’ compensation claim. However, it is vitally important to consult with an experienced workplace injury attorney and have your claim assessed to make sure you do not do something that ends up terminating your benefits. There are certain rules and regulations to be followed within and without the system and if they are not followed, it could jeopardize a worker’s benefits.

    The downside of the workers’ compensation system is that there are rules that limit a worker’s rights. For instance, a worker may not sue his or her employer for an injury. With few exceptions, he or she must file a claim under the workers’ compensation system. Another potential downside is that benefits are limited under the system and may not be as all-inclusive as damages/compensation possibly attainable by filing a personal injury lawsuit.

    If a worker dies on-the-job, surviving family members are unable to file a wrongful death lawsuit action against the employer. Instead, by law, the family receives designated benefits under workers’ compensation system. Payments usually include funeral and burial costs, but do not include compensation for grief and sorrow or loss of companionship. Thanks to these and other limitations in the workers’ compensation system, a number of injured workers or their family members consider filing a third-party workplace injury claim.

    Third parties who may be liable for on-the-job injuries may include:

  • Project managers
  • Defective equipment manufacturers
  • Non-employer supervisors
  • Outside vendors
  • Drivers
  • Outside contractors
  • Public utility providers (if a provider is affiliated with the government, this involves government immunity
  •  
    Workers’ compensation in Charleston applies to all places of business with four or more workers, full or part time. The exceptions to this rule are for:

  • Railway express/railroad workers
  • Realtors paid by commission
  • Textile Hall Corporation workers
  • A workplace where the payroll is less than $3K
  • Agricultural workers
  •  
    Make certain you know what your job classification is where you work, as some employers misclassify workers to avoid paying workers’ compensation claims. You need to know whether you are classified as volunteer, an employee or considered to be an independent contractor. Your classification affects whether or not you are eligible for workers’ compensation if you are injured at work.

    To find out how our experienced attorneys can fight for you and your family following a workplace injury accident, call the Steinberg Law Firm, LLP, at 843-720-2800 for a FREE case review. We serve Charleston, Goose Creek, Summerville and surrounding areas.

    RESULTS

    WE HAVE RECOVERED OVER $500 MILLION FOR CLIENTS IN THE LAST 10 YEARS, INCLUDING:
    $2,750,000 in a product defect case, scissor lift malfunction.

    What Our Clients Say About Us

    I am very pleased with my experience

    I have, and will continue to recommend The Steinberg Law Firm. They have worked very hard on my behalf.

    It is hard to really put in writing how much Tom was there for me

    He really did such an unbelievable job. Even when the settlement was made, he returned a text with a call to share in the joy over another medical event we were going through, that had a great outcome. Yes, they really do care.

    I would highly recommend them

    Enjoyed the fact that every time I called, someone called me back. It made me feel like my case mattered, and that I mattered. They answered all of my questions and concerns in a timely manner.

    They will go the extra mile for you

    David Pearlman and his staff did an exceptional job on my claim. Mr. Pearlman was honest, patient and steered me in the right direction. A’Riel was always nice and very helpful. I would recommend them to everyone.

    I would never seek help from any other Firm!

    The lawyers and their staff are very professional, caring about your situation! They are one of a kind!Get this Firm behind you and you will never be sorry!

    It was a pleasure working with Steven Goldberg and his staff

    They were courteous and professional. They maintained regular contact for status reports on my case and provided needed documentation on a timely basis. I would recommend this firm.