Charleston Workers’ Compensation Lawyers

Workplace injuries, especially ones that causes lost wages, can be devastating to the working families of South Carolina. It is a scary proposition to face — not only are you dealing with pain every day, you are also worried about where and when is the next paycheck going to come from and who is going to pay your medical bills, mortgage and food for your family. But you do not have to worry.

For a free review of your case, call us at 843-720-2800.

Put our team on your side

Having the right workers’ compensation lawyers on your side fighting for the benefits you deserve will go a long way in keeping you and your family financially secure. The Charleston workers’ compensation lawyers at Steinberg Law Firm have handled thousands of workers’ compensation cases. Let us use our experience to help you through this troubling time.

Some employers are unhappy when employees are injured on the job. They do not want their workers’ compensation insurance premiums to go up, which can happen if there are a lot of work injuries. Often, employers will try to convince injured workers to not report the injury. These unscrupulous practices are against South Carolina’s workers’ compensation laws.

Once you file a worker's compensation claim, these employers and their insurance companies will have a team of adjusters, lawyers and private investigators working to pay you as little money as possible, or to not pay you at all. But you can fight back.

Have a team on your side

Having the right workers’ compensation lawyers on your side, fighting for your rights and the benefits you deserve will go a long way in keeping you and your family safe and financially secure. The Charleston workers’ compensation lawyers at Steinberg Law Firm have handled thousands of workers’ compensation cases. Let us use our experience to help you through this troubling time.

Some employers are unhappy when employees like you get injured on the job. They do not want their workers’ compensation insurance premiums to go up, which happens from time to time when there are a lot of work injuries. Often, employers will try to convince injured workers to not report the injury. These unscrupulous practices are against South Carolina’s workers’ compensation laws.

Once you file a worker's compensation claim, these employers and their insurance companies will have a team of adjusters, lawyers and private investigators working to pay you as little money as possible, or to not pay you at all. But you can fight back.

Get the benefits you have earned

You should have a team of highly trained, highly skilled South Carolina workers’ compensation lawyers on your side. The attorneys and staff at the Steinberg Law Firm will aggressively represent you all the way from the initial phone call to investigating the accident and making sure you are paid the benefits that you deserve.

RESULTS

WE HAVE RECOVERED OVER $500 MILLION FOR CLIENTS INCLUDING
$1,000,000 in a claim for overtime and unpaid wages.

What is Workers' Compensation?

Most employees in South Carolina have workers' compensation benefits

Workers' compensation is a system of legally defined benefits available to most workers who are injured or become sick on the job.

Charleston Workers' Compensation Lawyer

To help fight and win your claim we will:

Explain to you in common sense terms the work injury laws in South Carolina and what types of benefits you deserve

Gathering all of the appropriate documentation such as accident reports, medical records and witness statements

Determine your wage benefits and explain to you the law in how these weekly wage benefits are calculated

Preparing you to testify at hearings if necessary, along with any witnesses required to prove your claim

Take the depositions of treating physicians and medical experts to prove your disability is related to a work injury

Ensure all of your work-related medical bills are paid, including money for possible future treatment

If your disability is permanent, makeg sure that you and your family will be fully taken care of in the future

Negotiate with the insurance company for a fair settlement of your claim to ensure you are fully compensated for your medical bills, lost wages and lost earning capacity 

To help fight and win your claim we will:

Explain to you in common sense terms the work injury laws in South Carolina and what types of benefits you deserve

Gathering all of the appropriate documentation such as accident reports, medical records and witness statements

Determine your wage benefits and explain to you the law in how these weekly wage benefits are calculated

Preparing you to testify at hearings if necessary, along with any witnesses required to prove your claim

Take the depositions of treating physicians and medical experts to prove your disability is related to a work injury

Ensure all of your work-related medical bills are paid, including money for possible future treatment

Negotiate with the insurance company for a fair settlement of your claim to ensure you are fully compensated for your medical bills, lost wages and lost earning capacity 

If your disability is permanent, makeg sure that you and your family will be fully taken care of in the future

FREE CONSULTATIONS

There is no downside to having your questions answered. The initial consultation is free.

Common Work-Related Injuries

Workers’ compensation claims see all the most common work injuries to various part of the body. Some work injuries can be fairly minor requiring you to be out of work for a few days. However, others can be very serious and disable a person for life. While others can result in a fatality. Here are some of the most common work-related injuries:

  • Broken bones due to falls or being entangled with a machine; lacerations, amputations and burns
  • Knee injuries such as dislocated knees, torn ACL or MCL ligaments, and degenerative conditions requiring total knee replacement
  • Shoulder injuries like rotator cuff tears, dislocated shoulders and degenerative conditions that require shoulder replacement
  • Overexertion injuries causing pulled muscles and ligaments in various parts of the body
  • Complex Regional Pain Syndrome (CRPS) or Reflex Sympathetic Dystrophy (RSD)
  • Lung injuries from inhaling toxic fumes or from working in factories for a long time, contracting COPD
  • Spinal cord injuries in the neck and lower back including bulging and herniated discs, cervical and lumbar fusions, broken or fractured vertebrae, and degenerative disc disease caused from years of repetitive movement
Charleston Workers' Compensation Lawyers

Work injuries are not always accidental

The top cause of injury at work is intentional violent acts. Injuries caused by repetitive tasks or accidents are secondary. 

What types of benefits are you owed and how much?

What is the extent of your injury?

Unfortunately, even though the workers’ compensation system in South Carolina was initially designed to be easy to use and benefits were supposed to be easily obtained, far too many workers are unfairly denied the workers’ compensation benefits they desperately need. In these circumstances, legal action can help workers gain access to the benefits to which they are entitled. In South Carolina, two major criteria are used to determine compensation: whether your disability is temporary or permanent, and whether it is partial or total. This determination could make a big difference in what you receive.

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Calculating weekly benefits

When calculating the amount of benefits you will receive on a weekly basis, the Judge looks at your gross average weekly wage. In most cases, an injured worker will receive two-thirds of their gross average weekly wage every week that the work injury causes them to be off work. There are a few exceptions to this general rule. If your average weekly wage is $75/week or less, then you will receive 100 percent of your wages each week that you are off. The other exception involves the state of South Carolina, every year, setting the top limit of average weekly wage that a worker can receive, no matter how much money they make in the average week. Therefore, if you are a highly paid worker and you are hurt, your weekly wage benefit will be lowered to the state mandated average weekly wage.

What types of benefits are you owed and how much?

Unfortunately, even though the workers’ compensation system in South Carolina was initially designed to be easy to use and benefits were supposed to be easily obtained, far too many workers are unfairly denied the workers’ compensation benefits they desperately need. In these circumstances, legal action can help workers gain access to the benefits to which they are entitled. In South Carolina, two major criteria are used to determine compensation: whether your disability is temporary or permanent, and whether it is partial or total. This determination could make a big difference in what you receive.

When calculating the amount of benefits you will receive on a weekly basis, the Judge looks at your gross average weekly wage. In most cases, an injured worker will receive two-thirds of their gross average weekly wage every week that the work injury causes them to be off work. There are a few exceptions to this general rule. If your average weekly wage is $75/week or less, then you will receive 100 percent of your wages each week that you are off. The other exception involves the state of South Carolina, every year, setting the top limit of average weekly wage that a worker can receive, no matter how much money they make in the average week. Therefore, if you are a highly paid worker and you are hurt, your weekly wage benefit will be lowered to the state mandated average weekly wage.

The staff at Steinberg Lawfirm was amazing. This was my first experience needing legal assistance; my anxiety levels were high. They were patient and informative as they walked me through my process. Thank you for making one of the most scariest and stressful situations of my life a little easier and less intimidating.

MORE TESTIMONIALS

Take steps to protect yourself

If you are injured on the job, always seek medical care, even if you do not believe the injury to be serious. There are steps you can take to protect yourself. 

Charleston Workers' Compensation Lawyers

Total Disability

If your injuries are so severe that you cannot work at all, even on a light duty basis, then you can receive total disability benefits which is two-thirds of your average weekly wage. This benefit has a maximum of up to 500 weeks (approximately 9.6 years), assuming that your total disability is permanent. There is an exception to this rule, however. If your injury has caused you to suffer from brain damage or has left you a paraplegic or quadriplegic, there is no time limit and you will receive total disability benefits for the rest of your life.

Your total disability benefits are two-thirds of your average weekly wage

This benefit has a maximum of up to 500 weeks, unless you to suffered brain damage, or are paraplegic or quadriplegic.

You can also qualify for temporary total disability benefits if you lose certain body parts, either through amputation or loss of use:

  • Losing the use of both hands
  • Losing the use of both arms
  • Losing the use of both shoulders
  • Losing the use of both feet
  • Losing the use of both legs
  • Losing the use of both hips
  • Losing vision in both eyes
  • Losing two of any of the above

Partial Disability

With permanent partial disability, some categories of injuries will automatically grant you a specific amount of weeks of wage benefits, regardless if you are out of work or not. Some examples of permanent partial disability benefits include:

  • 65 weeks of payments for losing a thumb
  • 32 weeks for losing a big toe
  • 10 weeks for losing any other toe
  • 220 weeks for losing an arm
  • 195 weeks for losing a leg
  • 300 weeks for losing up to 49 percent of the use of your back
  • 140 weeks for losing vision in an eye (or losing the eye)

This category of wage benefits is dictated by whether the partial disability is temporary or permanent. If your partial disability is of a temporary nature, then you can receive weekly wage benefits of two-thirds of your average weekly wage for a maximum of 340 weeks (approximately 6.5 years). If your injuries recover and you can return back to work without restrictions, then your weekly benefits will stop as soon as you return to work.

If you injury is not permanent, you are eligible to receive benefits of two-thirds of your average weekly wage for a maximum of 340 weeks.

Personal Injury Lawyers Representing Charleston & Nearby Areas of South Carolina

Charleston Personal Injury Lawyer

Learn more about Workers' Compensation in South Carolina

To learn more about workers' compensation in South Carolina, view or download our workers' compensation infographic.

Death benefits

Unfortunately, some work injuries result in the death of a worker. In these instances, the employee’s family is awarded a certain amount of death benefits to compensate them for the loss of the income of their deceased family member. In South Carolina, the following family members are conclusively presumed to be total dependents:

  • a spouse
  • a child under 18
  • a child under 23 who is a full-time student at an accredited school, and
  • a child of any age who is incapable of self-support due to a disability.

Other people can also qualify as total or partial dependents, but only if they actually depended on the worker for financial support at least three months prior to the work accident. Death benefits are paid for a maximum of 500 weeks from the date of the injury. Benefits for children end when they reach 18, or if they are enrolled in school full time, when they reach age 23. However, children who are physically or mentally incapable of self-support will continue to receive benefits for the full 500 weeks. Further, the workers’ compensation insurance company will have to pay up to $12,000 for funeral and burial expenses.

Death benefits

Unfortunately, some work injuries result in the death of a worker. In these instances, the employee’s family is awarded a certain amount of death benefits to compensate them for the loss of the income of their deceased family member. In South Carolina, the following family members are conclusively presumed to be total dependents:

  • a spouse
  • a child under 18
  • a child under 23 who is a full-time student at an accredited school, and
  • a child of any age who is incapable of self-support due to a disability.

Other people can also qualify as total or partial dependents, but only if they actually depended on the worker for financial support at least three months prior to the work accident.

Death benefits are paid for a maximum of 500 weeks from the date of the injury. Benefits for children end when they reach 18, or if they are enrolled in school full time, when they reach age 23. However, children who are physically or mentally incapable of self-support will continue to receive benefits for the full 500 weeks. Further, the workers’ compensation insurance company will have to pay up to $12,000 for funeral and burial expenses.

Limitations on death benefits

There is a limitation to the payment of death benefits, however. The death must happen within two years of the work-related incident, or, if the worker has a continuing total disability, within six years of the work-related incident. Death benefits are calculated similarly to other types of benefits — two-thirds of the deceased workers’ average weekly wage (but capped by the state’s maximum average weekly wage which changes every year).

Death benefits are paid in the following order of priority

Whole dependents

If there are whole dependents, they share the weekly benefit. However, if there is a spouse and two or more children, the spouse will receive at least 50 percent, and the children will share the remaining 50 percent.

Partial dependents

If there are no whole dependents, partial dependents will receive benefits in proportion to how much they relied on the worker’s earnings. If any of the benefit is left over, it will go to the worker’s nondependent children, or if there are none, to the worker’s nondependent parents.

Nondependent children

If there are no whole or partial dependents, the worker’s nondependent children will receive the benefit.

Nondependent parents

If there are no dependents or nondependent children, the worker’s nondependent parents receive the benefit.

FREE CONSULTATIONS

If you are injured at work, the best thing to do is to contact the workers’ compensation lawyers at the Steinberg Law Firm. We have helped hundreds of injured workers get the benefits they deserve and helped to protect them and their families from financial ruin. There is no downside to contacting us to help you with your work injury claim. The initial consultation is free.

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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.