Summerville Workers’ Compensation Lawyer
Workers have the right to feel and be safe at work. Workplace injuries, especially those that result in lost wages, can be devastating. Not only are you dealing with pain, but you are also left worrying about how you will pay for your medical bills, mortgage and food for your family. Fortunately, injured or ill workers in Summerville can file a workers’ compensation claim to obtain vital benefits.
Workers’ Compensation Statistics
Nationwide, 5,250 workers died on the job in 2018. There were 98 fatal work-related injuries in South Carolina that year, up 10 from the previous year.
Transportation incidents remained the most frequent occupational fatality in the state with 47 deaths. The other top two causes were violence and injuries by persons or animals, followed by falls, slips and trips with 18 and 14, respectively.
In terms of nonfatal workplace injuries and illnesses, there were 43,700 reported cases in South Carolina across all industries in 2018. According to a U.S. Bureau of Labor Statistics report released that year, the state’s private industry employers reported 32,800 nonfatal work-related injuries and illnesses in 2016.
Of those, 18,700 were serious cases that required days off work, job transfers or restrictions. The majority of cases, 94.5 percent, were injuries. Three types of health conditions accounted for 39 percent of work-related illnesses in South Carolina. These were respiratory illnesses, hearing loss and skin disorders.
What Is No Fault Workers’ Compensation?
Worker’s compensation is a type of insurance that covers medical benefits and lost wages, among other costs, for injured workers. South Carolina has a no-fault workers’ compensation system where workers are not required to prove an employer was at fault for their injuries in order to be eligible for workers’ compensation benefits. However, workers do have to show that their injury or illness happened in the workplace or was job related.
To learn more about workers’ compensation in South Carolina, view or download the Steinberg Law Firm’s workers’ compensation infographic.
Types of Workers’ Compensation Benefits Available
The Steinberg Law Firm understands that suffering a workplace injury means piles of medical bills, possible time off work for recovery and other long-term costs. Our Summerville workers’ compensation attorneys recognize that benefits should cover all your accident-related expenses. Injured workers are entitled to:
• Medical care: This includes doctor’s visits, surgery, prescriptions, etc. Your expenses will only be paid if you visit a doctor chosen by your employer’s insurance company rather than your own physician.
• Lost wages: You are temporarily totally disabled (TTD) if you are not able to work as a result of your injury or illness. During this period, you can be paid wages you would have earned had you been able to keep working during your recovery period.
• Permanent partial disability: Permanent partial disability applies if you are permanently impaired. You receive two-thirds of your average weekly wage, subject to the same weekly maximum as TTD.
• Permanent total disability: Permanent total disability (PTD) refers to the loss of both legs, arms, feet, hands, vision in both eyes or a combination of such losses. Workers with PTD may receive more benefits.
Who Is Eligible for Workers’ Compensation?
It is important to note that not all South Carolina employees are eligible for workers’ compensation. Those who do not qualify include:
• Corporate officers
• Agricultural laborers
• Railroad employees
• Railway express workers
• Federal workers in the state
• Workers at businesses with less than four employees
• Some temporary workers
Common Workplace Injuries
Workers can suffer a wide range of accidents on the job that can result from many different types of accidents such as slip and falls, equipment mishaps, chemical exposure, transportation incidents and more. Here are among the most commonly reported workplace accident injuries:
- Slip trip and fall accidents
- Torn muscles & ligaments
- Broken bones & fractures
- Burns, bruises & lascerations
- Exposure to chemicals
- Vehicle accidents
- Leg, hip & knee injuries
- Traumatic brain injury
- Head & neck injuries
- Back injuries, bulging/herniated disc injuries
- Hand, wrist & shoulder injuries
- Hearing & vision loss
Reporting a Workplace Accident and Filing a Claim
If you have been injured or gotten ill on the job, inform your employer of your injury or illness as soon as you can. You can report the workplace accident to a supervisor, manager or safety administrator in writing. If you do not complete this mandatory process you may lose your right to any workers’ compensation benefits.
You have 90 days to report an on-the-job injury, but you are encouraged to report it as soon as possible to lessen the chances of your workers’ compensation claim being denied by the insurance company or your employer. After this period, you have two years to file a claim for benefits.
Once an employer has been notified of a worker’s injury or illness, they have 10 days to report it to the South Carolina Workers’ Compensation Commission (SCWCC). Should your employer fail to file a claim with the SCWCC, you may file a claim directly with them. You may also file a claim if you feel you are not getting all the compensation you are entitled to, or if your employer disputes your illness or injury as being work-related.
In such situations, we strongly suggest consulting with a Summerville workers’ compensation attorney from the Steinberg Law Firm for assistance with navigating the claims process. We have been voted the best law firm in Summerville by readers of the Summerville Journal Scene, so your case will be in good hands.
Learn more about Workers' Compensation in South Carolina
To learn more about workers' compensation in South Carolina, view or download our workers' compensation infographic.
What types of compensation are available
You are entitled to:
This includes visits to the doctor, surgery, prescriptions, etc. If you go to your own physician your expenses will not be paid. If you visit a doctor chosen by your employer’s insurance company, they are paid directly.
You are temporarily totally disabled (TTD) if you are not able to work as a result of injury/illness. During this period you can be paid wages you would have earned had you been able to keep working during your recovery period.
Permanent partial disability
Permanent partial disability (PPD) applies if you are permanently impaired. You receive two-thirds of your average weekly wage, subject to the same weekly maximum as TTD.
Permanent total disability
Permanent total disability (PTD) refers to the loss of both legs, arms, feet, hands, loss of vision, in both eyes, or a combination of such losses. Workers considered to be permanently totally disabled may receive more benefits.
To obtain fair and equitable compensation for your injuries you need the assistance of a capable and experienced workers’ compensation attorney to address every concern you have about the case and advise you of your legal rights. Your Summerville workers’ compensation attorney from the Steinberg Law Firm is with you every step of the way, from case evaluation to settlement or court.