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When you need a South Carolina workers’ compensation lawyer, Schiller & Hamilton is here to represent you. Our law firm handles workers’ compensation claims. Our team will protect and defend your rights.
Call 803-902-4583 or message us now. Talk about your situation and get legal help today.
Workers’ Compensation Attorneys in South Carolina
We are workers’ compensation lawyers in South Carolina. Our legal team works to represent your interests and minimize the demands that you have as you recover from a workplace injury. We invite you to contact us for a consultation about your case.
Why Choose Our South Carolina Workers’ Compensation Lawyers?
Here are some reasons why people choose our workers’ compensation lawyers when they need help after a workplace injury:
Claims handled throughout South Carolina
We handle claims throughout South Carolina. Wherever you need us, we can assist you.
We know workers’ compensation
Our law firm focuses on claims that matter to individuals. We know how important it is for you to have knowledgeable legal representation. The Schiller & Hamilton team has more than 70 years of combined experience advocating for injured workers.
Complete representation
When we meet with injured workers, we see the devastation on their faces. Having a workplace injury can change your life. You may worry about your future, your finances and your family. Count on our law firm to protect your rights.
What Is Workers’ Compensation?
Workers’ compensation is a South Carolina law that provides benefits for employees injured on the job. The purpose of the system is for employees to get medical care and cash benefits when they’re hurt at work.
Unlike other types of injury claims, you don’t have to prove that your employer or anyone else was at fault for the injury. All you must show is that you were hurt in the course of your employment. After reporting a workplace injury, you should receive the benefits provided by law.
How Our South Carolina Workers’ Compensation Lawyers Can Help
Our lawyers help by:
- Protecting your right to compensation
- Determining if your average weekly wage has been calculated correctly
- Evaluating your impairment rating and disability compensation
- Filing your claim and requesting a hearing
- Challenging a decision regarding your medical benefits
- Ensuring you receive all the types of compensation you deserve
- Fighting a denial or cancellation of benefits
- Helping you evaluate light duty and work restrictions
- Representing you at a hearing and through all procedural steps
Our South Carolina workers’ compensation lawyers can handle any task needed to protect your rights and claim your benefits. We identify the specific issues in your case and fight for your compensation.
Types of Cases Our Lawyers Handle
- Broken bones, sprains
- Strained muscles, back pain
- Concussion, traumatic brain injury
- Burns, cuts, lacerations, bruising
- Organ damage
- Long-term chemical or toxic exposure
- Occupational disease
- Catastrophic/fatal injury
- Multiple/complex injuries
- Other types of injuries
What Types of Compensation Can I Get Through Workers’ Comp?
Types of benefits you can get for workers’ compensation include:
Wage replacement
A person unable to work because of injury may claim 66 and 2/3 of their average weekly wages. Wage benefits may continue for up to 500 weeks. There is no weekly limit when the victim suffers paraplegia, quadriplegia or physical brain damage.
Medical benefits
You may receive medical benefits to treat your on-the-job injury. These benefits are at no cost to you. The employer may choose the doctor, but you may seek emergency care, if necessary. Treatment may cover surgery, supplies, prescriptions, medical attention and vocational rehabilitation. You may be reimbursed for related travel costs.
Permanent disability
Permanent disability benefits compensate you for workplace injuries that do not fully heal. Benefits are based on the body part that is injured and the percentage of function lost. Our lawyers can give you a personalized evaluation of how permanent disability compensation may be calculated.
What Is the Workers’ Compensation Process?
If you’re hurt at work, seek emergency medical care. Tell your employer as soon as possible. Make sure you tell a supervisor or human resources representative. If you make the report more than 90 days after the accident, you may lose your right to benefits.
Your employer should file a report. If your employer acknowledges liability, your medical care and benefits should begin. If they deny liability, you may request a hearing. You have two years to file Form 50 to protect your right to benefits.
South Carolina Workers’ Compensation Law
S.C. Code Title 42 is the South Carolina Workers’ Compensation law. The law requires employers with four or more employees to provide coverage. The law requires compensation for workplace injury, requiring certain benefits. There are reporting procedures and guidelines for the provision of medical care. Employees have the right to a hearing to contest the award of benefits. You may be represented by an attorney.
Workers’ Compensation and Medical Care
Workers’ compensation should provide medical care to treat your injuries. But too often, care providers minimize the treatment that the victim needs. They may say that injuries are not work-related, or that you don’t need certain procedures that you know are necessary. It can be so frustrating.
If you’re facing this kind of situation, call our South Carolina workers’ compensation lawyers.
Our lawyers can gather the evidence to show that the treatment is necessary. We can represent you and take action on your behalf to have the medical care authorized.
How Do Workplace Injuries Occur?
Common causes of workplace injuries are:
- Improper training, not having sufficient supervision or guidance
- Slippery surfaces, allowing a spill or hazard to remain on the floor
- Cluttered, crowded or messy work environments
- Complacency, failing to follow standards and protocols
- Trying to work too quickly
- Failing to have the proper equipment or personal protective equipment
- Not tagging equipment out of service when it needs repair
- Poor communication
- Inadequate maintenance
- Motor vehicle accidents
- Poor storage of chemicals and flammable materials
My employer says it was my fault! Can I still get workers’ compensation?
Generally, fault is not something that is considered in workers’ compensation. An employer may refuse benefits if you were injured because of your own intoxication or intentional harm.
My employer says I’m an independent contractor! Can I still get workers’ compensation?
You must be an employee to receive workers’ compensation benefits, as opposed to being an independent contractor. However, it’s not your employer that decides your categorization. It depends on the amount of control the employer exercises over your work, whether they can fire you, what equipment they provide and other factors.
Our lawyers can investigate and build the evidence in your case.
If I get workers’ compensation, can I still bring a lawsuit?
S.C. Code § 42-1-550 protects your right to recover damages from a person under the employer. Your workers’ compensation rights are not affected by recovering from a third party. The carrier has a lien on the third-party recovery.
Note: Under S.C. Code § 42-1-570, the amount of workers’ compensation paid is not admissible in evidence in a third-party claim. Action against the third party must be started within a year of benefits starting.
Workers’ Compensation FAQs
Does workers’ compensation pay your entire salary?
Workers’ compensation pays two-thirds of your average salary, subject to minimums and maximums. There may be a dispute about how compensation is calculated, and our lawyers can help.
What should I do if I’m hurt at work?
If you’re hurt at work, seek emergency medical care, if necessary. Tell your employer right away. Be sure to tell a supervisor or manager rather than a coworker.
Save any evidence of the injury including tangible items and photographs, if possible. Make a list of witnesses and others who may have information. It’s never too early to involve a workers’ compensation lawyer in your case.
How long can you receive workers’ compensation in South Carolina?
South Carolina caps the period that you may receive workers’ compensation at 500 weeks. There are exceptions. In addition to wage benefits, you may qualify for permanent disability compensation.
What is light duty when it comes to workers’ comp?
If you’re able to work with restrictions following a workplace injury, you may be assigned to light duty. Your employer must be able to accommodate you, and the work must fit within your restrictions. Light duty may allow you to work in a capacity that is less physically or mentally demanding to accommodate your injuries and healing.
Sometimes, medical care providers suggest that injured people return to work too soon. If that’s the case, we can help you challenge an assignment to light duty.
What if my employer doesn’t file my workers’ compensation paperwork?
If your employer won’t file your workers’ compensation paperwork, you can file it on your own. Complete and submit Form 50 – Employee’s Notice of Claim and/or Request for Hearing. By filing the form, you’re opening a claim. You may use the form to request a hearing or mediation.
What is South Carolina workers’ compensation Form 52?
Form 52 is the form you should use when a workplace death occurs. The form preserves your rights and can be used to request a hearing or mediation.
How is the average weekly wage determined?
Average weekly wages are determined by looking at the 52 weeks before the date of injury. If you haven’t worked in the job for 52 weeks, they’ll use the actual number of weeks you were paid wages. If there are reasons this wouldn’t produce a fair result, another method may be used.
Does workers’ comp pay benefits for occupational disease?
If you have contracted a disease that arises from your employment, you may qualify for workers’ comp benefits. The workplace hazards causing the disease must be more than what is ordinary for employment. (See S.C. Code § 42-11-10).
Choose Experience. Get Results.
There are many ways that a workers’ compensation case can become complicated. When your employer isn’t treating you fairly, our South Carolina injury lawyers can help.
We understand the things that employers and their insurance companies do to avoid paying workers’ compensation claims. We believe that workers deserve skilled legal representation to fight for the benefits they deserve. That’s the commitment we have for every person we represent. We will handle your case like we would want our case to be handled.
When you choose Schiller & Hamilton, you are choosing the team that South Carolina relies on to get results. Our experienced team is ready for any issue that you may face. We can identify these issues and fully represent your interests.
Free Consultation – Talk to a Lawyer
At Schiller & Hamilton, we help people who are hurt on the job. We invite you for a free consultation with our South Carolina workers’ compensation lawyers.
See if legal representation is right for you. Get advice that is based on your situation. Please ask any questions that you have about your case and how our lawyers can help. We can represent you immediately.
Call 803-902-4583 or message us today.