Charleston Workers’ Compensation Lawyers

Fighting for Injured Workers & Families Since 1989

Workers' compensation is a form of no-fault insurance that covers injuries and illnesses that arise in the course of employment. If you were injured or sickened in the workplace or while performing work duties, for example, you may be entitled to workers’ compensation benefits.

While workers’ comp is a valuable safety net for workers and their families, evaluating your eligibility, filing a claim, and recovering the full benefits to which you’re entitled can feel like a daunting and difficult task – especially when you’re still recovering.

Fortunately, our award-winning attorneys at CR Legal Team have decades of experience helping clients navigate the complexities of the South Carolina workers’ compensation system. From filing initial claims and negotiating favorable settlements to resolving insurer disputes and launching appeals following claim denials, we have the experience and resources to handle all types of cases.

If you or your loved one were injured at work, our Charleston workers’ compensation attorneys want to help. Call or contact us onlineto request a FREE consultation.

South Carolina Workers' Compensation Laws

As a firm with a focus on providing personalized support, CR Legal Team invests the time into helping folks fully understand their rights, options, and how the South Carolina workers’ compensation process works.

While we’re readily available to discuss what you can expect based on your unique workers’ compensation claim, the following information can provide a solid foundation as you embark on the journey of recovering needed benefits.

Workers’ Compensation Eligibility

The South Carolina Workers’ Compensation Act covers a range of workers employed by companies with four or more employees. Some examples of eligible workers include:

• Full- and part-time workers
• Workers who are not U.S. citizens
• Minor workers
• Apprentices
• Family members working for a company

South Carolina law does have exceptions when it comes to workers’ compensation coverage. For example, people who are ineligible for workers’ compensation include:

• Casual employees with sporadic or irregular work
• State or federal government employees
• Realtors working as commission-paid independent contractors
• Commercial trucking owner-operators
• Some agricultural salespeople
• Independent contractors

Workers’ compensation insurers are corporations that care more about profits than people, and it’s not uncommon for them to raise disputes over employee eligibility. At CR Legal Team, we help workers and families fight back against these types of tactics and position themselves to recover the benefits they need.

If you’ve encountered disputes or don’t qualify for workers’ compensation, we can also help you explore other options. This may include filing a civil personal injury claim filed against a third party that caused your injury or pursuing injury benefits provided under other programs.

What Benefits Can I Collect From Workers’ Compensation in Charleston?

As a no-fault insurance system, workers’ compensation was intended to give injured workers a clear and expedited path to benefits. This means that you don’t need to prove fault to recover compensation (in fact, you can even recover benefits even if you caused your own injuries) and that a strongly prepared claim can allow you to quickly obtain the benefits you need as you recover.

Workers' compensation benefits available to injured workers in South Carolina include:

• Medical Benefits: Injured workers are entitled to receive necessary medical treatment for their work-related injuries. Employers or their insurance carriers generally have the right to choose the healthcare provider for initial treatment.
• Temporary Total Disability Benefits: Employees who are temporarily unable to work due to a work-related injury may be eligible for temporary total disability benefits, which typically amount to two-thirds of their average weekly wage.
• Permanent Partial Disability Benefits: If a work-related injury results in a permanent impairment, the injured worker may be entitled to permanent partial disability benefits.
• Vocational Rehabilitation: In some cases, injured workers may be eligible for vocational rehabilitation services to help them return to work.
• Death Benefits: If a worker dies because of a work-related injury or illness, their dependents may be eligible for death benefits, including compensation for funeral expenses.

Filing a Workers’ Comp Claim in South Carolina

Filing a workers' compensation claim in South Carolina involves several steps. Keep in mind that the process may vary depending on circumstances specific to your case. Ultimately, the best way to evaluate how the claims process may work for your case is to have it reviewed personally by an experienced attorney.

Here's a general overview of the steps for filing a workers' compensation claim in South Carolina:

1. Report the Injury. It’scrucial to report any occupational injury as soon as possible, ideally immediately after it occurs. When you can, informyour employer or supervisor about the injury in writing, providing all the incident’s details. Failure to timely report a work injury or illness can create problems in your claim and may open the door for insurers to raise disputes. Under South Carolina law, failure to report a work injury within 90 days may disqualify you entirely from receiving benefits.
2. Seek Medical Treatment. Seeking prompt medical attention is vital for your health. It can also serve as an official record of your injuries. In South Carolina, only reasonable and necessary medical treatment from an authorized health care provider is covered by workers’ compensation (except for emergency care). As such, you’ll want to make sure that any provider you use has been authorized or you will risk having to pay for the bill yourself.
3. Complete the Claim Form. Injured workers or family members must complete a Form 50 (workplace injury claim) or a Form 52 (workplace death claim) and submit the claim to the South Carolina Workers’ Compensation Commission before the 2-year deadline. An experienced attorney can assist you with completing and filing the appropriate form.
4. Investigation Process. Your employer must report the injury to their insurance carrier and may investigate the circumstances surrounding the incident. The insurance company will review the details of the injury, your medical information, and other relevant documentation before determining benefit eligibility.
5. Claim Decision and Benefits. You will be notified if your claim is approved or denied by the insurance carrier and what benefits you’ll receive. South Carolina workers' compensation benefits may include medical expenses, wage replacement, and vocational rehabilitation depending on the nature and severity of your injury.
6. Appealing a Denied Claim. If your claim is denied, of if there are disputes about key issues in your case (such as severity of injury, disability rating, or benefit amount) you can appeal by requesting a hearing before the South Carolina Workers' Compensation Commission. With the help of a lawyer, you’ll prepare a case and evidence to present at this hearing, and the presiding administrative law judge will issue a decision. If a ruling is still not in your favor, you may have options for pursuing further administrative and judicial appeals.

Common Reasons for Workers’ Compensation Claim Denials in South Carolina

Workers' compensation claims can be denied for various reasons. Here are some of the most common:

• Failure to Report the Injury Promptly: Delay in reporting the injury to the employer within the required timeframe can lead to a denial of the claim. It's crucial to report the injury as soon as possible and especially within 90 days, as required by South Carolina law.
• Disputes over the Cause of Injury: If there is a dispute over whether the injury or illness is work-related, the claim may be denied. The insurance carrier may argue that the injury did not occur in the course and scope of employment.
• Pre-existing Conditions: If the employer or insurance carrier believes that the injury is related to a pre-existing condition rather than a new work-related incident, they may deny the claim. However, aggravation of pre-existing conditions can still be compensable.
• Failure to Seek Medical Treatment: If an injured worker fails to seek prompt and appropriate medical treatment, the claim may be denied. Employers and insurance carriers may argue the lack of medical attention suggests the injury is not severe or work-related.
• Failure to Follow Medical Advice: If the injured worker fails to follow prescribed medical treatments or ignores the recommendations of healthcare providers, the insurance carrier may question the severity of the injury and deny the claim.
• Intoxication or Drug Use: If an employer can demonstrate that the employee was intoxicated or under the influence of drugs at the time of the injury, it may serve as grounds for denying the claim. Injuries resulting from other forms of misconduct, such as a physical assault, may also be excluded from coverage.
• Injuries Outside the Scope of Employment: Injuries that occur outside the scope of employment, such as during breaks or while engaging in personal activities, may be grounds for denial.
• Independent Medical Examination (IME) Contradictions: If the results of an independent medical examination (IME) contradict the treating physician's assessment, the insurance carrier may use this as a basis for denial.
• Filing Errors or Incomplete Information: Mistakes in the filing process or providing incomplete information on claim forms can lead to a denial. It's important to ensure all paperwork is accurate and complete.

Request a Free Case Evaluation: (866) 691-0607

CR Legal Team has been trusted by injured victims, families, and workers throughout Charleston County and beyond since 1989. During our time in practice, our award-winning attorneys – including three board-certified workers’ compensation specialists – have helped thousands of clients navigate the workers’ compensation and have amassed a record of success that includes numerous testimonials from satisfied clients and millions of dollars in compensation recoveries.

If you have questions about your rights after a work injury or illness, our Charleston workers’ compensation attorneys can help. Give us a call at (866) 691-0607 or contact us onlineto speak with an attorney.