Workers’ Compensation Attorney South Carolina

If you’re injured on the job, your actions in the first few hours and days are critical. Following the right steps can protect your health and your legal rights.

• Report the injury to your employer right away. South Carolina law gives you 90 days to report the accident, but it’s best to do it immediately. Waiting can lead to delays, or a denied claim.
• Seek medical treatment through an employer-approved provider. Your employer (or their insurer) chooses the doctor. If you go to your own without permission, the treatment may not be covered.
• Document everything. Take photos of visible injuries, keep records of all correspondence, and ask for copies of any injury reports.
• Follow all medical advice. Skipping appointments or not following treatment instructions can give the insurance company a reason to reduce or stop your benefits.
• Talk to a qualified workers’ comp attorney if you’re unsure what to do next. Especially if your injury is serious, you’re out of work, or you’re being pressured by your employer.

South Carolina’s workers’ compensation system is generally a no-fault system, meaning you don’t need to prove anyone was negligent to receive benefits. However, there may be additional parties responsible in some cases.

• Your employer is responsible for providing medical care and wage replacement under the state’s workers’ compensation laws.
• Third parties (not your employer or co-workers) can be held liable in addition to a workers’ comp claim. For example:
  • A subcontractor on a construction site
  • The manufacturer of a defective tool or machine
  • A driver in a work-related auto accident

If a third party contributed to your injury, you may have a personal injury claim in addition to your workers’ comp benefits. These third-party claims can result in greater compensation, including pain and suffering, which workers’ comp does not cover.

Workers’ compensation is designed to cover key needs without the need for a lawsuit. In South Carolina, you may be entitled to:

• Medical Treatment: all necessary care related to your injury, including surgery, physical therapy, prescriptions, and follow-ups
• Temporary Total Disability (TTD): if you’re unable to work during recovery, you may receive about 66 2/3% of your average weekly wage, subject to a cap
• Permanent Partial or Total Disability: compensation based on the extent of permanent injury or loss of function
• Mileage Reimbursement: travel expenses to and from approved medical appointments
• Vocational Rehabilitation: job training or education if you can’t return to your previous position

Workers’ comp does not cover pain and suffering, but third-party claims might. A lawyer can help determine what full compensation may look like in your case.

Many valid claims are weakened or denied because of simple mistakes. Avoid the following:

• Failing to report the injury promptly: even if you “feel fine” at first, report it right away
• Going to your own doctor without approval: in most cases, this can lead to unpaid medical bills
• Not documenting your recovery: keep a journal of symptoms and limitations to support your claim
• Returning to work too soon: don’t feel pressured to return if you’re still recovering
• Assuming your employer is handling it: even well-meaning employers make mistakes; you must advocate for yourself
• Signing a settlement without legal advice: once you settle, your case is likely closed permanently

These mistakes are preventable, and a lawyer can help ensure you don’t make them.

In South Carolina, strict deadlines apply to workers’ compensation claims:

• You must report the injury to your employer within 90 days of the accident
• You must file a formal claim with the South Carolina Workers’ Compensation Commission within 2 years of the injury (or death, in fatal cases)

Missing either deadline can result in the loss of benefits, even if your injury is severe. If you’re unsure whether your claim is still valid, talk to an attorney right away.

Not every workers’ comp case requires an attorney, but many do. You should contact a lawyer if:

• Your benefits are delayed, denied, or stopped unexpectedly
• You’re asked to return to work before you’re medically ready
• You’ve suffered a serious or permanent injury
• You believe you’re not being fairly compensated
• You suspect your employer is retaliating or discriminating against you
• You’re being asked to sign a settlement agreement

An experienced attorney can help protect your rights, maximize your benefits, and handle any hearings or appeals if needed.

No. It is illegal for your employer to retaliate against you for filing a legitimate claim.

No. Workers’ comp is a no-fault system, you don’t need to prove negligence.

In most cases, no. Workers’ comp is the exclusive remedy. However, you may sue third parties (like equipment manufacturers or contractors).

You may still qualify for benefits if your work caused a worsening of a pre-existing condition.

Usually, no. You must use a doctor authorized by your employer’s insurance unless they refuse care or delay treatment.