I tell people when you come into my office that we have four goals, it's to give you the best medical care we can get, to make sure we have you protected medically in the future, to get you back to work, and maximize your recovery. – Attorney Tom White
Workers' Comp Case
Charleston, South Carolina Workers’ Compensation Lawyers
You should never feel forced to make a living at the expense of your health after a workplace injury, and we can make sure you don’t have to.
For a free case review, call us at 843-720-2800.
Representing Injured People Since 1927
Put a 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.
Workplace injuries, especially ones that cause 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, but 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.
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.
What our clients say:
I would rate Steinberg Law Firm number one! Their dedication and tireless commitment to their clients is what a client needs and expects when dealing with personal injuries in the workplace. Their experience with Workers' Compensation is invaluable and it results in forcing the employer and their insurance to treat the client fairly. - Debra
Answering Your Questions
To discuss the details of your case, contact an experienced Charleston area workplace injury lawyer today.
I was injured on the job. Can I file a suit against my employer?
It is difficult to bring personal injury lawsuits against employers following workplace injuries. You cannot file a suit if you have already received compensation through the workers’ comp program. You are required to apply for workers' comp before you can file a suit. You may have grounds for a workplace injury lawsuit if your employer deliberately caused your injuries; if your employer has been grossly negligent; or if a third party such as a client or a manufacturer of tools you use at work is responsible for your injuries.
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
Gather 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
Prepare 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, make 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
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Common Work-Related Injuries
Workers’ compensation claims can include any type of work injury to any 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 such as rotator cuff tears, dislocated shoulders, and degenerative conditions that require shoulder surgery
- Overexertion injuries resulting in 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 by years of repetitive movement
Work Injuries Are Not Always Accidental
WE HAVE RECOVERED OVER $500 MILLION FOR CLIENTS IN THE LAST 10 YEARS, INCLUDING:
Workers' Comp Case
Workers' Comp Trucking Case
Workers' Comp Scissor Lift Case
Free Workers' Compensation Consultations
There is no downside to having your questions answered. The initial consultation is free.
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.
Gregory: On the job injury. Get the benefits you have earned.
What types of benefits are you owed and how much?
What is the extent of your injury?
The workers’ compensation system in South Carolina was initially designed to be easy to use and benefits were supposed to be easily obtained. However, far too many workers are unfairly denied the workers’ compensation benefits they need. 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.
What is the extent of your injury?
When calculating the benefit amount 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.
State Mandated Maximums
Every year, South Carolina sets the top limit of the 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.
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. Want to learn more? View our Infographic.
Total disability benefits are provided for workers whose injuries prevent them from working at all. Your total disability benefits are two-thirds of your average weekly wage. This benefit has a maximum of up to 500 weeks, unless you suffered brain damage, or are paraplegic or quadriplegic.
Your total disability benefits are two-thirds of your average weekly wage
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 equal to 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.
Temporary Total Disability
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
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).
With permanent partial disability, some categories of injuries will automatically grant you wage benefits for a specific number of weeks, regardless of whether your can work. Some examples of permanent partial disability benefits include:
- 65 weeks of payments for losing a thumb
- 32 weeks for losing a big 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
If you recover and you can return back to work without restrictions, then your weekly benefits will stop as soon as you return to work.
Unfortunately, some work injuries result in the death of a worker. In these instances, the employee’s family is awarded death benefits to compensate them for the loss of the income of their deceased family member.
Who Qualifies for Death Benefits?
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.
Length of Benefit
How Long are Death Benefits Paid?
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. 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 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.
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What Our Clients Say
They have amazing lawyers!
They have worked on an impossible situation and exceeded all expectations in the resulting settlements. I would recommend the Steinberg Law Firm to anyone and everyone!
My experience was excellent
From the first consultation to the end of my case I was kept updated step by step. My attorney worked hard for me and got me more than what I expected.
I never felt like I was alone
My lawyer and his Paralegal were right with me the entire case. I never felt like I was alone. At every turn they were in my corner. Someone recommended me to Steinberg law firm and I gladly would do the same for someone else.
I couldn't have asked for better
The people from the Steinberg group are top-notch. They handled my case extremely well, I couldn’t have asked for a better performance. Thank you all so much for all you did for me.
I am grateful for them!
At my worst, they honestly and carefully protected and defended my family on multiple levels. I’m a client for life and the integrity of this law firm is unmatched. Thank You Steinberg Law Family!!!
The people are thoughtful and professional
Questions and concerns always get answered and concerns are taken care of. Thank you all at Steinburg for a good experience and for showing me that you care about your clients.
The best law firm
This the best law firm anyone could ever deal with. Mr. Pearlman will work hard to get everything that is owed to you. It was a pleasure to have been represented by this firm.
I highly recommend them
They work as a team providing the best referrals and assistance to accomplish what my family and I needed. I highly recommend them because you won’t be disappointed.
The Steinberg Law Firm Gets Results
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 protected 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.