Charleston Workers' Compensation Lawyer

People suffering work place accident injuries often find their financial future at risk. Not only is their hard-earned career in danger, but they’re left wondering how they’ll pay for their medical treatment and provide for their families. Let our worker's compensation attorneys bring ease to these stresses.

If you face these uncertainties, it’s crucial to hire a trusted workers’ compensation attorney in Charleston, SC immediately. Navigating the legal system can be tricky, and attempting to do it alone can have disastrous, long-lasting effects. Trust Hoffman Law Firm instead.

Our workers’ compensation attorneys are skilled in SC law and will help facilitate effective communication with your employer and its insurance company, always serving as your loyal advocate here in Charleston, SC.

Our Charleston law firm of dedicated workers' comp lawyers will work diligently to ensure you’re taken care of after your work place accident, both physically and financially. We understand that workers’ compensation benefits can help get your future back on track – and give you and your family much-needed peace of mind.

What is Workers’ Compensation?

Workers’ Compensation is a kind of insurance that provides much-needed benefits to employees who are injured or contract an illness as a direct result of their job. The employer’s insurance company covers the cost of medical care and pays out weekly cash benefits.

Fault is not a factor, which means that a worker’s compensation eligibility is not dependent on their actions. As long as the illness or injury is work-related, they are entitled to benefits. If the Workers’ Comp claim is denied, the employee may need to appeal to the Workers’ Compensation Board or pursue legal action to recover compensation.

Who pays for workers compensation?
The employer’s Workers’ Compensation insurance carrier is responsible for payment after your on-the-job injury or illness.

What to Do After a Workplace Accident in South Carolina

If you’ve been hurt on the job, it’s important to report your work related injury immediately. The steps that follow are essential as well in order to secure the work place benefits you deserve.

We’ve briefly outlined the process below, but a more detailed explanation can be found here.

First and foremost, it is essential to report any workplace accident to your employer immediately. Subsequently, it is important to make sure that your legal claim has been officially filed. Document and store detailed records of the incident.

Furthermore, it is important to document the scene of the accident. Moreover, it is important to find out which doctors your workers’ compensation insurance will cover. You should get medical treatment for any injury or illness that is related to the accident.

Lastly, you should hire an experienced workers’ compensation law firm.

At Hoffman Law Firm, we offer years of accident claim experience in the Lowcountry. Charleston is home and we believe in protecting our community and the valuable people who live here. We work on a contingency basis, so you don't have to worry about paying us until we win your case. Plus, we offer a free consultation to get you started. So, put your trust in us and let us make your situation a little easier after a workplace accident. We are ready with your free case review today!

Understanding South Carolina Workers' Compensation Benefits After An On The Job Injury

According to our South Carolina's Workers’ Compensation Act, injured workers are entitled to employee benefits, including compensation for:

• Medical treatment
• Lost wages
• Permanent disability

Those who have faced an on the job injury often worry that filing a workers’ comp claim may cause them to lose their job. But there are legal statutes in place to protect injured workers, ensuring your employer cannot fire you for pursuing work place benefits. That’s why it’s important to know your rights, and to never let your employer bully you or intimidate you.

It’s also crucial to note that, because workers’ comp is a no-fault system, you’re eligible for compensation even if you caused your work place accident or were partly to blame.

How Does the Workers’ Compensation Process Work?

Here our Workers’ Comp lawyers have simplified the process, offering a breakdown of what to expect during your worker's comp claim:

Workplace accident occurs.
Any employee who is injured in a workplace accident (on-site) or during their shift (off-site) is eligible for benefits.

Injury is reported to the employer.
It is important that an injured worker reports the on-the-job injury to their employer immediately.

The employee seeks medical treatment.
Be sure to receive medical attention as soon as possible. The employer’s insurance company will provide a “company doctor” or a list of approved physicians that are in-network. Injured workers may receive a second opinion from a physician who is out of network, but they are responsible for covering the cost.

Workers’ Comp claim is filed.
Once they have been notified of the on-the-job injury, the employer will file a Workers’ Compensation claim with their insurance company.

Benefits are paid out.
If the claim is approved, the insurance company will begin to disburse weekly compensation payments. If the claim is disputed, consult an experienced Workers’ Comp lawyer to learn more about your options moving forward – and to fight for the benefits you deserve.

Common Workplace Accidents in South Carolina

• Overexertion can take place when lifting, pulling, pushing, throwing, holding, or carrying objects.
• Fall on the same level is a trip or slip from encountering loose wires, wet floors, or even a drawer left open causing you to fall. 
• Fall to a lower level is falling from a height, like from a roof or a ladder.
• Hit by object or equipment involves contact that results in work related injury.
• Roadway accidents involve motorized land vehicles including trucks, motorcycles, traitors, forklifts, etc. 
• Slip and trip accidents occur when an employee falls after slipping or tripping.
• Caught in or compressed by equipment or objects typically results in a body part that is crushed or stuck in a piece of equipment. For example: workers caught by moving machinery or crushed between two heavy objects.
• Repetitive motions may involve microtasks, such as typing or bending down.

Common On The Job Injuries in South Carolina

• Spinal cord injuries within the lower back and neck including bulging and herniated discs, cervical and lumbar fusions, broken or fractured vertebrae, and degenerative disc disease caused from years of repetitive movement.
• Broken bones injuries are often caused by a fall or being hit by a machine and may result in amputations, lacerations, and burns.
• Lung injuries due to toxic fumes being inhaled or long hours working in factories.
• Shoulder injuries due to rotator cuff tears, dislocation or damaging elements that ultimately require shoulder replacement.
•  Knee injuries such as ruptured MCL or ACL ligaments, disjointed knees, and degraded conditions requiring entire knee replacement.
• Overexertion injuries due to overworked or pulled muscles and ligaments within different parts of the body.
•  Complex Regional Pain Syndrome (CRPS) or Reflex Sympathetic Dystrophy (RSD) refers to prolonged inflammation or pain after a leg or arm injury.

Disability Benefits for Workers Compensation Claims

The rules surrounding disability benefits are very complex, so it is best to entrust your case to a qualified Workers’ Comp lawyer. Our team can help determine if you are eligible for any of the following benefits:

• Temporary partial disability
  Similar to above, these benefits are paid out for a limited amount of time. But in this case, the employee is about to do some work while they recover. Their doctor may recommend working half a day or performing lighter duty tasks.
• Temporary total disability
  These types of injuries or illnesses prevent the employee from working at all, but only for a limited period of time. While they are currently unable to perform their job duties, they are expected to recover enough to return to work – at which point the payments will end.
• Permanent partial disability
  These benefits provide for workers who have suffered permanent damage. They can perform some job functions, but are not expected to recover any further.
• Permanent total disability
  Workplace accidents that result in permanent total disability are the most severe, often preventing the employee from ever returning to work. Note: The specific rules vary from state to state, but in some cases, the worker does not have to be completely incapacitated or unable to work at all in order to receive these benefits.

Understanding Your Employer’s Role During The Workers’ Comp Process

It is the worker’s responsibility to report their on-the-job injury to their employer, but after they have been notified, here are the steps the employer should follow to advance the claims process:

Think safety first.
If unsafe working conditions caused the accident, the employer’s first priority should be preventing further injury. Implementing new safety policies, providing better training, or removing hazards may be required to keep other employees safe and healthy.

File a claim.
After the accident, the employer will file a Workers’ Comp claim with their insurance carrier, notifying them of the on-the-job injury or illness.

Stay in touch with the insurance company.
The employer must maintain contact with their insurer and provide documentation involving the worker’s medical treatment. They may also be asked to provide updates on the worker’s condition or report how many days of work were missed.

Check in with the employee.
In addition to communicating with their insurer, the employer should let the worker know when they can expect to begin receiving benefits. The employer may also schedule regular check-ins.

Make a timeline for a return to work.
The employer and employee will work together to create a rough timeline for their return. It is important to discuss any necessary accommodations or changes to job duties.

Implement return to work procedures.
The employer should have a return to work program already in place to ensure a smooth transition.

If your return to work has not gone according to plan, contact a Workers’ Comp lawyer today. Unfair treatment or disregard for physician-directed restrictions should not be tolerated – and Hoffman Law Firm can help. Our team will advocate on your behalf, ensuring your rights are defended at all costs.

Understanding Employer’s Duty Not To Retaliate

Employees are protected from discrimination, harassment, or unfair job termination under the law. If they were hurt at work, filing a Workers’ Comp claim is their right. To protect this right, a worker may file a legal claim against their employer for “retaliatory discharge.” While firing the worker is the most extreme form of retaliation, some employers engage in more subtle types of discrimination like pay cuts or demotion.

Workers’ Compensation Claim vs Workers’ Compensation Lawsuit

A Workers’ Compensation claim is filed with the employer’s insurance carrier. If the claim is denied or the insurer refuses to offer fair compensation, a personal injury lawsuit may be filed. An experienced Workers’ Comp lawyer can handle the process from start to finish, first attempting to negotiate with the insurance company. If mediation is unsuccessful and a settlement agreement cannot be reached, a trial will follow. While many personal injury lawsuits settle outside of court, your Workers’ Comp lawyer is prepared to take your case to trial.

Can I Hire Hoffman Law Firm to Review My Workers' Comp Claim?

To file a workers' compensation claim, you simply need to inform your employer, but if you are suspicious, you can hire an experienced workers' comp lawyer to review your case.

Hoffman Law Firm has years of experience helping workplace accident victims throughout the Palmetto State. It helps to have a local lawyer support a local for their accident case. We offer the comfort needed to manage the stress that comes with any accident injury. Trust us, we will address your employer, their insurance company, and manage your workers' comp claim from top to bottom.

Plus, you only pay us if we win your claim. So, reach Hoffman Law Firm today for a free case review!

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