Getting injured on the job can be devasting, both to your health and finances. At Roden Law, our Charleston workers’ compensation lawyers understand how hard it can be to deal with a workplace injury. Talking to one of our licensed attorneys can be an important step as you consider legal options.
We have represented many injured victims, recovering millions in compensation, including $900,000 for an injured worker who lost multiple fingers and a thumb in a woodchipper.
We welcome the opportunity to discuss your claim during a free and confidential, no-obligation consultation. We are available to learn more about your situation and determine if you may be eligible to pursue workers’ compensation benefits. If your claim has been denied, we may also be able to appeal your claim.
Our services are provided on a contingency fee basis, so there are no upfront costs or attorney fees to pay. We only receive payment for our fees if we help you recover compensation for your injuries.
Call our firm today at: 1-844-RESULTS to learn more.
How Do I Know if My Job Provides Workers’ Compensation Benefits?
All employers in South Carolina with a minimum of four employees are required to provide workers compensation benefits in the event of an accident that causes an injury.
This law applies to both full and part-time workers. However, workers’ compensation insurance is not required for independent contractors, occasional employees or domestic workers employed in the home. To qualify for coverage, the injured worker will need to provide proof of employment and that the injury is work-related.
If you were injured on the job, you can reach out to an attorney for legal help with a new or denied claim. You can even be at fault for a work-related accident and still be covered, as workers’ compensation is a no-fault system.
Reach out to Roden Law today. Ph: 1-844-RESULTS
What is the Value of My Case?
The workers’ compensation system covers reasonable and necessary medical expenses for your treatment along with a portion of lost wages for your period of disability.
Temporary Total Disability
These benefits are awarded to injured workers who have an injury that has lasted more than a week. However, the injury must prevent them from being able to do any work. Injured workers are paid 66 and two-thirds percent of their average monthly wage, but not more than South Carolina’s current state weekly wage average.
Permanent Total Disability
Total disability benefits are provided to injured employees who are not expected to recover. The benefit rate is the same as for temporary total disability.
Permanent Partial Disability
Employees who have a permanent disability but are still able to work in some capacity may be eligible for permanent partial disability. Employees receive 66 and two-thirds percent of the difference between their current earnings and what they earned before their injury.
Workers’ Compensation Death Benefits
When a worker passes away due to a work-related injury or illness, South Carolina Code § 42-9-110 assumes that the surviving spouse and child are fully dependent on the support of the deceased.
Section 42-9-290 recently increased the amount of funeral and burial expenses surviving family members may be eligible to receive. Effective May 10, 2017, the maximum amount payable for funeral and burial expenses is $12,000, along with 66 and 2/3 percent of the deceased worker’s average monthly wage for up to 500 weeks.
Death benefits may be available to the following family members:
- Surviving spouse
- Surviving children under 18 years old
- Surviving children who are mentally ill or physically unable to support themselves
- Surviving children under 23 years old who are enrolled in school full-time
If you or a loved one was injured in a workplace accident, do not hesitate to contact a qualified attorney to discuss your potential claim.
How Long Do I Have to Pursue Compensation?
The South Carolina Workers’ Compensation Commission states that workers should immediately report any injuries to their employer and request medical care, if it is needed. If you do not report a work injury within 90 days of when it happened, you may lose the opportunity to obtain any benefits.
If you do not inform your employer immediately, or even delay by a couple of weeks, you are providing ample room for them to argue that you could have been injured offsite or in a non-work-related accident.
You have two years from the date of the injury to file a claim for workers’ compensation benefits. If you miss the deadline, you may lose your chance to obtain compensation.
To file a workers’ compensation claim, you must complete and submit Form 50 to the Commission. To file a workers’ compensation claim for death benefits, you must complete and submit Form 52 to the Commission.
Can I go to My Regular Doctor for Treatment?
An injured employee may pursue medical treatment for all injuries associated with a work-related accident. If your application for benefits is approved, all your related medical costs will be covered by your workers’ compensation claim. However, you must be seen by the doctor your employer, or its insurance representative, chooses.
Have questions? Call today: 1-844-RESULTS
What Coverage Is Available if I was Injured While Working Offsite?
If you were injured outside of your workplace, there is a chance you may still be eligible for workers’ compensation benefits. The burden of proving your injury was work-related is on you.
Here are some examples of situations where an offsite injury may be covered by workers’ compensation:
- Traveling for a work-related purpose (injuries during commuting are usually excluded from coverage)
- Getting injured during an offsite work event
- Getting injured in a work-related car accident
- Injuries that happen while working remotely
What Happens if My Claim is Denied?
You can appeal a denied claim – however, you must file a request for an appeal. We recommend that you obtain legal help as soon as you receive a notification of denial.
The first step in an appeal is filing a request for a hearing. If this is unsuccessful, you can appeal to the full commission. If the commission does not overturn the denial, your last chance is to file a lawsuit.
Our Charleston workers’ compensation lawyers are prepared to guide you throughout this process, helping gather additional evidence and building a robust argument for your appeal.
We have extensive knowledge of workers’ compensation regulations and eligibility for benefits. We can answer your questions about coverage and provide in-depth information about the appeals process in a free, no-obligation legal consultation.
Roden Law. Available 24/7 to take your call at: 1-844-RESULTS
Common Types of Accidents in the Workplace
Workplace accidents happen every day. However, industries like agriculture or construction put workers at higher risk for accidents and serious injuries. Some common accidents workers’ compensation may cover include:
- Chemical exposure
- Slip and falls
- Machinery accidents
- Repetitive motion
- Contact with equipment/objects
- Falls From Heights
Common types of workplace injuries may include:
- Hearing loss
- Traumatic brain injury
- Spinal cord injury
- Sprains and strains
- Back injuries
Overexposure to certain substances and chemicals can cause a person to suffer illnesses, like mesothelioma or other forms of cancer.
Contact a Charleston Workers’ Compensation Attorney for a Free Consultation Today
Accidents that occur on the job can have serious repercussions, such as permanent disabilities that prevent you from working in the same capacity as before.
Contact Roden Law to discuss your claim with an experienced Charleston workers’ compensation attorney to find out how we may be able to help you. We are prepared to fight for maximum compensation on your behalf.
We are ready to discuss your potential options during a 100 percent free, no-obligation consultation. There are no upfront costs if we represent you, and no attorney fees charged to you unless we help you obtain workers’ compensation benefits.