The shipping industry in Port of Charleston provides a livelihood for thousands of workers. Whether someone works on the ships themselves, as a longshoreman, or as a trucker moving the goods out of port, the shipyards provide vital economic stability to the region. Despite this, the port is a dangerous place with heavy machinery, large vehicles, and potentially hazardous materials moving around the site.
With these potential hazards, injuries are inevitable. Depending on someone’s reason for being on the site, their legal protections change significantly. A Port of Charleston injury lawyer is dedicated to helping those injured in Port of Charleston understand their rights and seek compensation for their injuries. Read on to learn more about how a dedicated injury attorney from Howell and Christmas could offer you their assistance today.
How Does the Law Protect Workers?
Most employers in Port of Charleston must obtain a workers’ compensation insurance policy that pays benefits to employees injured on the job. Notable exceptions to this include employers with fewer than four employees and railroad workers. These benefits include payments for medical treatment, lost wages, and compensation for any permanent disability suffered as the result of the injury. As a trade for this economic safety net, an injured employee cannot sue their employer for their injuries following a workplace injury.
Port of Charleston specifically limits the amount of workers’ compensation an individual can collect to 2/3 of their average weekly wage, not to exceed the state’s average weekly wage for all time missed. A maximum of 500 weeks of compensation will be paid in the event of total disability or death, and payments for partial disability will depend upon the bodily function lost in the accident. The law strictly limits compensation for injuries suffered while on the job. Still, collecting payments for workers’ compensation is an important part of a worker’s ability to provide for their family during times of disability.
What if a Bystander Suffers an Injury?
It is also possible for someone to suffer an injury while visiting Port of Charleston. These cases fall under Port of Charleston’s premises liability laws. These laws examine both the circumstances behind the injury and the injured individual’s reason for being on the land when the injury happened. For an injured plaintiff to successfully sue for their damages while in the port, they must show they had express permission to be on the property and that the landowner failed to protect them from the hazard.
As soon as an incident occurs, it is important to take every step possible to investigate the accident. This includes speaking to witnesses, obtaining security footage, and examining the scene itself. There is a strict time limit of three years from the date of the accident under South Carolina Code §15-3-530 to file a claim, so one should not delay in reaching out to a dedicated Port of Charleston injury lawyer from Howell and Christmas.
Working with a Port of Charleston Injury Lawyer
Those who suffer injuries through no fault of their own have rights. These rights apply whether the individual was doing their job or simply visiting another’s property. Someone injured at work must collect benefits through workers’ compensation policies. Those injured while visiting a site can file a traditional lawsuit for personal injury. Either way, it may be important to retain the legal representation that can protect your rights and push for maximum recovery. A Port of Charleston injury lawyer works to appeal workers’ compensation denials and file claims for personal injuries. Consider contacting an experienced Port of Charleston injury lawyer today to discuss your claim.