Charleston Workers’ Compensation Lawyers

Injured on the Job? Call Our Firm at (843) 968-0886!

Pierce, Sloan, Kennedy & Early LLC has been helping injured workers with their workers' compensation claims since 1999. We understand how frustrating it can be to suffer an injury on the job, which is why we are just a phone call away. Our firm knows what steps you need to take following an accident to ensure you remain eligible for workers' compensation benefits and can pursue the maximum recovery possible. Having recovered millions of dollars for our clients – including multi-million dollar recoveries – we can put our experience and resources to work for you as trusted workers' compensation attorneys in Charleston.

Why Do People Choose to Work with Pierce | Sloan?

When Should I Hire a Workers' Compensation Lawyer?

In the State of South Carolina, you have two years to file a workers' compensation claim, beginning on the date of your accident. Workers' compensation cases can be highly complex. You may want to hire a workers' compensation attorney if any of the following apply to you:

• Your claim is denied.
• You have trouble getting the treatment you need.
• Your permanent disability rating is disputed.
• Your ability to work has been affected.
• You are having a workers' compensation hearing.

In addition to these common situations, other complications can arise, such as disputes over the amount or duration of benefits, or the involvement of a third-party liability aspect. It’s crucial to have experienced legal assistance to navigate these challenges and build a strong case. Our team ensures that all documentation is meticulously prepared and submitted, emphasizing proactive and strategic planning to protect your rights from the onset of the claim process.

What Is Workers’ Compensation?

In South Carolina, employers are legally required to carry workers’ compensation insurance as long as they have at least 4 regular full-time employees. If an employee sustains a work-related injury or illness, workers’ compensation provides benefits that facilitate the recovery process and effectively mitigate financial losses, including medical benefits, wage benefits, and temporary or permanent disability benefits. Because South Carolina is a “no fault” state, employees don’t need to prove employer negligence to receive benefits.

Workers’ compensation insurance covers:

• Injuries sustained while performing a job-related task.
• Job-related injuries sustained outside the workplace.
• Illnesses sustained due to the nature of the job.

South Carolina Employer Obligations & Key Workers’ Compensation Laws

Employers throughout Charleston and the rest of South Carolina must comply with specific laws intended to protect workers after on-the-job injuries or illnesses. By state law, nearly every employer with four or more employees—whether part-time or full-time—is required to carry workers' compensation insurance. This mandate extends to private corporations, most contractors, and even some charitable organizations. Failure to provide coverage may result in penalties and legal action from the South Carolina Workers’ Compensation Commission. In Charleston, these regulations also help safeguard the livelihoods of workers in fast-paced industries such as shipping and hospitality, both of which drive the local economy.

Advocating for Victims of All Types of Workplace Injuries

Whether you have experienced a slip and fall accident or a heavy machinery incident, we are ready to take on your case. We know how to investigate the details of your workplace accident and ensure you are given the maximum benefits you deserve. If necessary, we can pursue a claim against a negligent third party in addition to your workers’ compensation claim to ensure you get the fair recovery you need. Our workers' compensation lawyers in Charleston are committed to providing diligent support from start to finish.

We represent clients who have suffered the following types of injuries:

Common Workplace Injuries in Charleston

While some workplaces can be more hazardous than others, all workplaces in Charleston carry the risk of at least some forms of injury. When employees and employers know the most common injuries that occur at work, they can take steps to reduce incidents and improve the safety of their worksites. Below are the top ten most common injuries employees may sustain in the workplace.

Proactive measures, like regular training and safety workshops, can significantly reduce workplace injury occurrences. Employers should emphasize continual safety protocols and encourage a culture of openness where employees can report potential hazards without fear of repercussion. Such practices not only prevent injuries but also promote a healthier and more productive work environment.

Overexertion Injuries

By far, the most common workplace injuries include overexertion injuries related to pushing, pulling, carrying, holding, and throwing activities. This is not only the leading injury but the most expensive. Employees should use proper techniques when engaging in physical labor and wear appropriate braces or support to protect their bodies.

Slipping/Tripping

Falls from heights should be a concern, but even a simple slipping or tripping accident can result in serious injury for an employee. It is important that employers remove tripping hazards, clean up spills, and mark dangerous footing to avoid these accidents in Charleston workplaces.

Falling From Heights

Any employee working off the ground or near trenches, pits, or stairs can suffer a fall from heights. Body trauma, head injuries, and other medical issues can result from falls. Employees who are working at heights should wear personal fall protection. It is also important to check all railings, handrails, and other fall prevention equipment for safety at the job site.

Reaction Injuries

These injuries can be hard to predict and prevent, as they are sustained when an employee reacts to an event, such as slipping or tripping. If an employee loses their balance but manages to avoid falling, they can still be injured from the strain of catching themselves. Employee diligence and ongoing safety training are effective ways to reduce these injuries.

Falling Object Injuries

Objects can fall from shelves, be dropped by others, or even become dislodged from trees, buildings, or other high places. If falling objects strike an employee, significant injuries can occur. Head injuries are a common result of these types of accidents. Employee diligence, policies regarding unsecured objects, and proper personal protection gear can help reduce the chances of these injuries occurring in Charleston workplaces.

Walking-Into Injuries

Although some may joke about walking-into injuries, when employees walk into objects—like doors, cabinets, or low-hanging beams—it can result in injuries ranging from bruises to fractures and even concussions.

Vehicle Accidents

If employees drive for work or work near vehicles, vehicle accidents can occur. Employees should receive defensive driving training and wear high-visibility clothing when working in or around active worksites and vehicle traffic areas.

Machine Entanglement

While machine entanglement often brings to mind heavy machinery at factories, it can also happen at other job sites. These injuries happen when clothing, shoes, fingers, hair, or other body parts become entangled in a machine. Injuries can be severe depending on the machinery involved. Using protective gear and following safety protocols can reduce these workplace injuries.

Repetitive Motion Injuries

These workplace injuries can be less obvious, but still cause significant harm. Repetitive motions can happen in almost any workplace, from activities such as typing, filing, cutting food, or lifting materials. These injuries can lead to muscle and tendon strain, back injuries, and joint problems. Using ergonomic equipment and providing proper employee training can help reduce such injuries in Charleston offices and jobsites.

Workplace Violence

Whether it is tensions among employees or an interaction with an angry customer, workplace violence can cause serious physical and emotional injuries. Employers should provide training to help employees recognize warning signs of conflict and intervene appropriately and safely.

FAQs on Workers' Compensation in Charleston

What Are the First Steps I Should Take After a Work Injury?

The first step after sustaining a work-related injury in Charleston is to report the incident to your employer immediately. Documentation is key, so ensure the report is in writing and keep copies for your records. Next, seek medical attention promptly, even if the injury seems minor. South Carolina law mandates that employers provide a list of approved medical providers; ensure you use these services to remain eligible for benefits.

It’s advisable to document everything related to your injury, including any witnesses, as these details can be crucial for your workers' compensation claim. Consult with a workers' compensation attorney to guide you through the claims process and help address any complications. Ensuring that every step is completed accurately not only aids in your recovery but also strengthens your case for receiving the full benefits you are entitled to.

What If My Employer Doesn’t Have Workers' Compensation Insurance?

In Charleston, as in all of South Carolina, most employers are required to carry workers' compensation insurance. However, there are exceptions, such as for businesses with fewer than four employees. If your employer fails to have the required insurance and you are injured on the job, you can file a claim with the South Carolina Uninsured Employers’ Fund. This fund provides a safety net for employees whose employers do not comply with state law.

A skilled workers' compensation attorney can guide you through these complex situations and help you file a claim against your employer for failing to carry the necessary insurance. This ensures that you receive the benefits needed to cover your medical costs and lost wages during recovery. It’s vital to act swiftly to protect your rights and secure the financial relief you deserve.

How Long Does the Workers' Compensation Process Take?

The timeline for resolving a workers’ compensation claim in Charleston varies considerably based on the complexity of the case and cooperation of involved parties. Most claims are processed within a few months; however, disputes or the need for additional medical evaluations can extend this timeframe. Initial steps, such as notifying your employer and filing the claim, should be completed promptly to minimize delays.

Having an attorney can expedite the process by ensuring that all paperwork is completed correctly and deadlines are met. Keep in mind that South Carolina law allows for appeals if your claim is denied, which can add to the time frame. During this time, communication with your employer and legal counsel is critical to keep things on track and ensure you receive the support you need.

What Types of Compensation Can I Expect?

Workers’ compensation in Charleston typically covers several types of financial relief for injured employees. The primary compensation includes medical expenses, which cover doctor visits, surgeries, rehabilitation, and any necessary medication. Additionally, workers may receive temporary disability payments if the injury requires time off work, calculated as a percentage of the average weekly wage.

If the injury leads to permanent disability, additional benefits are provided based on the degree of impairment and its impact on your future work capabilities. In some cases, vocational rehabilitation services are offered to help injured workers transition back into the workforce or adapt to a new role. Understanding these forms of compensation ensures that you are prepared to claim all the benefits your situation may warrant.

Reasons for Workers' Compensation Claim Denial

Unfortunately, valid workers’ compensation claims can be denied for a variety of reasons, leaving employees in a difficult and challenging position. Many clients wonder how they can pay their medical bills when their injuries prevent them from working. Fortunately, in South Carolina, you can appeal a denied workers’ compensation claim. It's important to first understand why your claim may have been denied.

The most common reason a claim is denied is because an injury wasn’t reported correctly or in a timely manner. Once your doctor has verified your injury or illness, you need to notify your employer in writing and file a claim with the Workers’ Compensation Commission (if your employer doesn’t do it for you). If necessary, your family or friends can notify your employer on your behalf.

Like any claim, there is a statute of limitations for filing for workers’ compensation benefits. In South Carolina, you have two years to file a claim for a work-related injury or illness. However, it's important to note that South Carolina law prohibits coverage for heart attacks, stress, mental injuries, strokes, and aneurysms unless they are accompanied by a physical injury.

It’s also possible that your employer may challenge your claim and hinder your access to benefits. In most cases, this is because an employer doesn’t want to pay for increased premiums. At Pierce, Sloan, Kennedy & Early LLC, our Charleston workers’ compensation attorneys can represent your interests and help you fight for the benefits your injuries warrant.

Appealing a Denied Workers' Comp Claim in South Carolina

If your claim is partially or fully denied, you can file an application for a hearing before the Workers’ Compensation Commission. At Pierce, Sloan, Kennedy & Early LLC, our Charleston workers’ compensation lawyers can litigate on your behalf to help you secure these essential benefits. We can guide you through the entire appeal process and even represent your case to the State Appellate Courts. We also help you pursue a personal injury claim against a negligent third party to ensure you secure the compensation you need to protect your quality of life.

Don’t Wait—Take Legal Action Today

At Pierce | Sloan, we make sure our clients always come first. With years of experience and insight, we know how to take on even the most complex and intricate cases, crafting strategic solutions on our clients' behalf. If you are in need of reliable counsel during this time, we encourage you to reach out to our compassionate Charleston workers’ compensation lawyers. With our team on your side, you can rest assured knowing you have seasoned representatives who will do everything possible for your case.

Recommended Reading

• Tips For Handling a Deposition in Your Workers’ Comp Case
• Can You Get Workers’ Comp If You’re Injured in a Social Activity?
• Can I Get Workers’ Compensation for Toxic Exposure?
• How Do I Fight a Denied Workers’ Compensation Claim?
• Can I Be Held Liable If I Am Injured at Work?
• Can I Get Workers’ Comp While Working From Home?
• Can I Receive Workers’ Compensation After a Car Accident?
• Can I Get Workers’ Compensation for Repetitive Stress Injuries?
• Workers’ Comp vs. Personal Injury Claims