Work Injury? Top Charleston Attorney Reveals Your Rights

Suffering a work-related injury can be a challenging and confusing experience, especially when dealing with medical bills, lost wages, and the complexities of workers compensation claims. Understanding your rights and the legal protections available to you as an injured worker in Charleston is crucial for securing the compensation you deserve. This guide, informed by insights from a top Charleston attorney, reveals your rights after a work injury and the steps you should take to protect them.

cropped view of man filling in Workers Compensation Accident Injury Concept

1.Report the Injury Immediately

The Importance of Timely Reporting One of the most critical steps after a work injury is to report the incident to your employer as soon as possible. In South Carolina, you must notify your employer of your injury within 90 days of the accident. 

However, it’s best to report it immediately to avoid any disputes about when or how the injury occurred. Failing to report your injury within the required timeframe could jeopardize your ability to receive workers’ compensation benefits. Make sure to provide a detailed account of how the injury occurred and any symptoms you are experiencing. Written reports are often more reliable, so consider submitting your report in writing and keeping a copy for your records.

2. Seek Medical Attention

Documenting Your Injuries Your health should be your top priority after a work injury. Seek medical attention promptly, even if your injuries seem minor at first. South Carolina workers’ compensation laws require you to see a doctor approved by your employer or their insurance company unless it’s an emergency. Proper medical documentation is essential for your claim, as it provides evidence of your injuries and the treatment required. Be honest and thorough in describing your symptoms to your healthcare provider, and follow all prescribed treatment plans. If your condition worsens or you experience new symptoms, report them to your doctor immediately to ensure they are documented in your medical records.

3.Understand Your Right to Workers’ Compensation

No-Fault Benefits In South Carolina, employers with four or more employees are required to carry workers’ compensation insurance, which provides benefits to employees who are injured on the job, regardless of who was at fault. Workers’ compensation covers medical expenses, a portion of lost wages, and disability benefits if you are unable to return to work. Understanding that you are entitled to these benefits without proving employer negligence is important. However, accepting workers’ compensation typically means you cannot sue your employer for additional damages, which is why understanding the scope of these benefits is crucial. Familiarize yourself with what workers’ compensation does and does not cover, so you know what to expect. If your employer with four or more employees is not insured, claims can still be made and covered under an uninsured employer fund (reimbursement and fines will be sought from the state against the uninsured employer).

4. Know What Benefits You Are Entitled To

Types of Compensation Available Workers’ compensation provides several types of benefits, including:

  • Medical Benefits: Covers all necessary medical treatment related to your injury, including doctor visits, surgeries, medication, and rehabilitation services.
  • Temporary Total Disability (TTD): Provides wage replacement if you are unable to work due to your injury. This benefit is typically calculated as two-thirds of your average weekly wage, subject to state maximum limits.
  • Permanent Partial Disability (PPD): If your injury results in permanent impairment, PPD benefits compensate you based on the severity of your impairment and its impact on your ability to work.
  • Vocational Rehabilitation: If you are unable to return to your previous job due to your injury, vocational rehabilitation services can help you find new employment or retrain for a different role.

Understanding these benefits can help you ensure you receive the compensation you are entitled to and prepare you for the financial realities of your recovery.

5. Understand the Process of Filing a Claim

Navigating the Workers’ Compensation System Filing a workers’ compensation claim in South Carolina involves several steps:

  1. Notify Your Employer: As mentioned, promptly report your injury to your employer.
  2. File a Claim: Your employer will file a claim with their workers’ compensation insurance carrier, who will then investigate and determine the validity of your claim.
  3. Cooperate with the Investigation: Be prepared to provide medical records and answer questions about the accident. Keep detailed notes on all communications related to your claim.
  4. Receive Benefits: If your claim is approved, you should begin receiving benefits to cover your medical costs and lost wages.

If your claim is denied or you believe the benefits provided are insufficient, you have the right to appeal the decision. This is where having an experienced attorney can be particularly beneficial, as they can guide you through the appeals process and represent your interests effectively.

6. Common Challenges in Workers’ Compensation Claims

Overcoming Denials and Disputes Not all workers’ compensation claims are straightforward. Some common challenges include:

cropped view of worker holding broken arm wile sitting at documents on table in office, compensation
  • Claim Denials: Insurance companies may deny claims for various reasons, such as arguing that the injury is not work-related or occurred outside the scope of employment.
  • Disputes Over Medical Treatment: There may be disagreements about the necessity or extent of medical treatment, which can delay care and benefits.
  • Incorrect Benefit Calculations: Ensuring that your wage replacement benefits are calculated accurately is essential, as errors can significantly affect your financial stability.

If you encounter any of these challenges, it’s important to consult with a workers’ compensation attorney who can help you navigate the appeals process, present additional evidence, and advocate on your behalf. Document every step you take, from reporting the injury to receiving medical treatment, as these records will support your case.

7. Consider Third-Party Claims

Additional Compensation Options While workers’ compensation generally prevents you from suing your employer, there are situations where you can pursue additional compensation through a third-party claim. If a third party, such as a contractor, equipment manufacturer, or another entity, contributed to your injury, you may have grounds to file a lawsuit against them. This can provide additional compensation beyond what workers’ compensation offers, including pain and suffering and other non-economic damages. Discussing your case with an attorney can help you identify potential third-party claims that could increase your overall compensation.

8. Protect Your Job Rights

Retaliation Is Illegal South Carolina law protects employees from retaliation for filing a workers’ compensation claim. This means your employer cannot fire, demote, or otherwise punish you for seeking the benefits you are entitled to. If you believe you are facing retaliation, it’s important to document these actions and seek legal assistance to protect your rights. Retaliation claims can add another layer of complexity to your case, but an experienced attorney can help you take the appropriate steps to address such issues.

Conclusion

Suffering a work-related injury can be a life-altering event, but understanding your rights and the protections available to you under South Carolina law is crucial for securing the compensation you deserve. From reporting your injury promptly to navigating the complexities of workers’ compensation claims, taking informed steps can significantly impact your financial recovery and overall well-being.

Need Help With a Work Injury Claim?

If you’ve been injured on the job in Charleston, SC, contact Bill Connor at The Bill Connor Law Firm. With extensive experience in workers’ compensation and personal injury cases, Bill can help you understand your rights, navigate the claims process, and fight for the benefits and compensation you deserve. Reach out today for a consultation and take the first step towards securing your rights and recovery.

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Attorney Bill Connor Owner
William M. Connor V stands as a paragon of legal excellence and dedicated service. His background blends an impressive legal career with a distinguished military background to the rank of Colonel (with a career spanning various commands, including as senior US advisor to Helmand Province, Afghanistan). Bill was a runoff candidate for Lt. Governor of South Carolina in 2010, and in 2021 received the state’s highest award from SC Governor McMaster, the Order of the Palmetto. After only six years of legal practice (which included time deployed to combat), Bill was recognized by his peers as having the highest possible ranking ethical standards and competency, earning him the prestigious AV® Preeminent™ Peer Review Rating by Martindale- Hubbell®. In 2021, Bill was elected by fellow Citadel Alumni to serve on the prestigious Citadel Board of Visitors. Bill has attained several seven figure resolutions for clients, including a multi- million dollar settlement in 2023 and over a million dollar resolution in 2024