Injured on the job? We Know South Carolina Workers’ Compensation Claims

The workers’ compensation lawyers at Howell and Christmas, LLC know that when you, a family member or friend are injured on the job, your life can be turned upside down. How do you get medical treatment for your injury? Who will pay for your medical bills? Who will pay you for your lost wages while you are out of work? How much compensation are you entitled to for your serious work related injuries? Will you be reimbursed for your mileage and other out of pocket expenses and losses?

The good news for those hurt on the job is that we can help. The job injury lawyers at Howell and Christmas, LLC know the ins and outs of the South Carolina workers’ compensation system. We have a highly trained and experienced group of Charleston worker's compensation lawyers and staff that provide you quality legal services with integrity and the respect you deserve.

General Considerations

When you are injured on the job in South Carolina, you are likely covered under the South Carolina Workers’ Compensation Act (hereinafter “the Act”) whether it is your fault, the employer's fault or no one's fault. Those hurt at work are covered if they have a slip, trip, fall or other accident at work and are also covered even if their injuries are caused by repetitive trauma at work (e.g. carpal tunnel syndrome caused by constant use of the hands and arms while using a grinder at work). Furthermore, if you aggravate and/or re-injure a preexisting medical condition you are also covered under the Act.

Filing a claim does not mean that you are trying to get even with your employer and/or a co-employee. The workers’ compensation law in South Carolina is designed to provide those injured on the job with medical and financial benefits to help them recover when they have been hurt at work. Filing a claim for worker's compensation is very much like when one files a claim with their homeowners insurance to put your roof back on their home after a hurricane or other natural disaster. It is simply an insurance claim to reimburse you for your losses and is designed to put you back to where you were before you were damaged.

What You Need to Know

Who is covered when injured on the job in South Carolina?

If you were hurt on the job, your employer has more than four employees and you were doing your job when you got hurt (in the course and scope of your employment), you are likely covered under the South Carolina Worker's Compensation Act.

Beware of the "Independent Contractor" defense. "Independent Contractors" are generally not covered under the Act; but be careful because employers and insurance companies like to use this defense but often do so improperly with no basis in the law. It is very important that you not take the employer and/or insurance company's word for it that you are an "Independent Contractor." If the defense is raised by your employer, consult an attorney immediately as this defense may or may not apply to you.

What is covered?

If you are a covered employee then the workers’ compensation insurance carrier must pay for (1) all medical expenses related to your injuries; (2) weekly disability benefits checks for all periods of time you are written out of work by your authorized doctors; and (3) a lump sum payment for any permanent disability and/or wage loss you may have after you have finished treating with your doctors.

How much will I recover?

The amount of compensation you are entitled to is based on your pay rate, the part(s) of your body that are injured, and the extent of your injuries after you have finished treating. The maximum number of weeks of disability benefits you can recover is 500 weeks unless you have physical brain injury, paraplegia or quadriplegia, in which case you are entitled to lifetime weekly disability benefits.

My work messed up. Can I sue them?

No. Worker's Compensation is the only remedy available for work related injuries. That's the tradeoff involved in Worker's Compensation. The employer will pay for medical bills and time off work. In exchange, the worker is not allowed to sue the employer (this includes co-employees) for negligence. There is an exception to this rule for intentional conduct of the employer.

Someone other than my employer messed up. Can I sue them?

Possibly. In the event that someone other than the employer and/or a co-employee negligently caused your injury, you may have what is called a third-party case against the alleged wrongdoer. This would mean that you could pursue your workers’ compensation claim with your employer’s insurance company and also potentially bring another case against the third party wrongdoer (e.g. a pizza delivery driver is struck by a tractor trailer that ran a red light; the pizza driver could bring a workers’ compensation claim with his employer’s insurance and also bring a third party case against the tractor trailer driver for negligence since he ran the red light and caused injuries to the pizza driver).

How Long Will My Case Last?

If you are unable to work because you were hurt at work, you will receive weekly benefit checks until you have reached maximum medical improvement (hereinafter “MMI”) and have been released by your doctors. Once you reach MMI it will be time to determine your permanent disability. The longer the medical treatment lasts, the longer it will take for your case to finish.

Importantly, once you've reached MMI, your employer can request that your weekly benefit checks be stopped and a permanent disability rating be determined.

Common Worker's Compensation Terms And Definitions

Average Weekly Wage - Your average gross wages for a week. This is the gross amount before taxes and anything else is taken out. It includes overtime, bonuses and any other benefits received. Your Average Weekly Wage is determined by taking the money you earned during the fifty-two (52) weeks (or if less than 52 weeks the actual number of weeks you worked prior to your accident) and dividing this amount of money by the number of weeks your worked.

Weekly Compensation Rate - Is two thirds (2/3) of your Average Weekly Wages.

Maximum Medical Improvement (MMI) - Maximum medical improvement is a medical determination that is made by your physician when he or she believes you have reached a plateau in your recovery. This does not necessarily mean that you have completely recovered from your injuries; it simply means that you are at the point that maximum healing has likely occurred. Your Worker's Compensation case should not be closed prior to you reaching this point.

Impairment - When you have reached maximum medical improvement, your doctor will give you an impairment rating. This is a rating based on the functionality of your body (e.g. a loss of 17% of use to the left leg). Doctors give "impairment" ratings. "Disability" is a legal determination that considers many social factors in addition to impairment. Your worker's compensation award is based on your "disability", not "impairment" alone.

Disability - Worker's compensation benefits are based on disability and not impairment. Disability in workers compensation terms means a vocational disability. How does the injury keep you from doing your job? Depending on your age, health, work history, job restrictions, job requirements, education and other factors, the disability rating can be substantially higher than the impairment rating.

Functional Capacity Evaluation (FCE) - After you have reached MMI, there is a good chance that you will need to have a functional capacity evaluation. This is an intensive test that usually takes four hours to determine your physical capabilities. It will test your ability to lift, bend, stretch, stand, sit, etc. Doctors often use the results of the FCE to determine your work restrictions.

Clincher - Depending on your medical situation at the end of the case, the Worker's Compensation system will be required to provide for ongoing medical treatment for your work related injury. Even if the doctor does not order ongoing treatment, you can still request help if there has been a change in circumstances within the first year.

By signing a clincher agreement, you can usually receive more money, but you will also forfeit ALL rights to future medical treatment for your work related injury. Be very careful before you sign a clincher agreement.

Free Consultation

Questions? We can help. The initial consultation is absolutely free. If we take your case, THERE IS NO FEE UNLESS WE WIN COMPENSATION FOR YOU. Attorney fees calculated before expenses. Just click on "Ask a Lawyer" and send us your questions. Let one of our Charleston job injury lawyers give you straight answers to all your legal questions.

Our personal injury attorneys concentrate in all areas of practice, including: child injury and death, automobile accidents, workers compensation injuries, longshore, harbor workers and all other on the job accidents, birth trauma, boating accidents, burn injuries, child sexual abuse, construction accidents, defective products, dog bites, drug injuries, insurance bad faith, medical malpractice, nursing home abuse, pharmacy negligence, premises liability, spinal injuries, SUV rollovers, traumatic brain injuries, truck accidents, wrongful death.