Are you struggling to pay your bills after a work-related injury in Myrtle Beach? Is your employer fighting your workers’ compensation claim, or are your benefits less than you deserve? No matter the details of your workplace injury, you need legal help to rebuild your life and pursue fair compensation.

The Myrtle Beach workers’ compensation attorneys at Jebaily Law Firm are ready to help you pursue your rightful benefits and explore other potential sources of compensation after a job-related accident. We have fought for injured workers in South Carolina for over 50 years and recovered millions for our clients over our firm’s lifetime.

We will keep you fully informed throughout your case, and we are available to answer any questions you may have at any time. You do not owe us any attorney fees unless you recover compensation.

Call now or complete our contact form for a free consultation with a Myrtle Beach workers’ compensation attorney at Jebaily Law Firm.

How Our Myrtle Beach Workers’ Compensation Lawyers Can Help You

If you are wondering, “Do I need an attorney for a workers’ comp claim?” the answer is almost certainly “yes.” Without legal help, you could lose crucial benefits or make mistakes that harm your case. Furthermore, insurance companies have teams looking to protect their bottom line. If you try to handle the process alone, you risk receiving less compensation than you need to recover and move forward.

At Jebaily Law Firm, our Myrtle Beach workers’ compensation lawyers want to protect your rights and guide you through every step of your case. From gathering medical records to negotiating with insurance companies, our team can level the legal playing field to help you seek all the benefits you deserve. We can ensure that your claim is filed correctly and supported with strong evidence. If your employer denies your claim, we can appeal the decision and push for full benefits.

We can also review your situation to see if someone other than your employer caused your injury. If so, you might qualify for additional compensation through a third-party personal injury claim. Third-party claims can help you recover compensation for losses that workers’ comp benefits do not cover, like your pain and suffering and the full extent of your lost income.

What Should You Do if You Suffer an Injury While Working in Myrtle Beach?

Follow these steps if you suffer a work-related injury in Myrtle Beach:

  • Report your injury to your employer immediately. You must report your injury within 90 days to protect your workers’ comp benefits.
  • Seek medical attention right away. Follow all treatment instructions from your doctor to support your recovery and legal claim.
  • Keep copies of any medical bills, accident reports, and any communication with your employer or their insurance company.
  • Avoid giving recorded statements without first seeking legal advice.
  • Contact our workers’ compensation lawyers to help protect your rights and guide you through the process.

How Is a Workers’ Comp Settlement Calculated in Myrtle Beach?

Your workers’ compensation settlement or award in Myrtle Beach depends on several factors, including the severity of your injury, your average weekly wage, and whether your injury permanently affects your ability to work. South Carolina law also limits the amount and duration of your workers’ comp benefits. A settlement can include compensation for your current and future medical expenses, partial replacement of lost wages, and the effect of a permanent disability on your earning potential.

Can You Sue Your Employer Outside of Workers’ Compensation?

In most cases, you cannot sue your employer for a work-related injury. However, you may have a separate personal injury claim against someone other than your employer or a co-worker whose negligence caused or contributed to your injury.

For example, you might have a claim against a negligent subcontractor, equipment manufacturer, property owner, or driver who caused a work-related accident. A third-party claim can allow you to recover compensation for losses that workers’ comp does not cover, such as the full amount of your lost income, pain, and suffering.

Types of Workers’ Compensation Claims We Handle in Myrtle Beach, SC

Our workers’ comp lawyers handle many kinds of workplace injury claims in Myrtle Beach, including the following examples:

  • Injuries from  trips, slips, and falls on the job
  • Strains and sprains from lifting or repetitive motions
  • Workplace vehicle and equipment accidents
  • Construction site injuries
  • Burns, cuts, and puncture wounds
  • Exposure to harmful chemicals or substances
  • Occupational illnesses from long-term workplace conditions
  • Crush injuries from falling objects or machinery
  • Hearing or vision loss caused by workplace hazards

What Types of Workers’ Compensation Benefits Can You Get in South Carolina?

Your workers’ compensation benefits after an on-the-job injury in Myrtle Beach could include:

  • Medical benefits – Your employer and their insurer should cover the full cost of all reasonable and necessary medical treatments related to a valid work injury. Medical benefits can pay for your doctor visits, hospital care, surgeries, prescriptions, physical therapy, medical equipment, and more.
  • Temporary total disability benefits – If you cannot work while recovering from your injury, you can receive weekly wage-replacement payments. Lost wage benefits usually equal two-thirds of your average weekly wage, up to the maximum amount under South Carolina law. Wage-replacement benefits continue until your doctor clears you to return to work or you reach maximum medical improvement, meaning further treatments will not meaningfully improve your condition.
  • Temporary partial disability benefits – If you can work but disabilities mean you will earn less than before your injury, you may receive temporary partial disability benefits. TPD benefits make up two-thirds of the difference between your pre-injury and post-injury income, subject to the state’s maximum limits.
  • Permanent partial disability benefits – If you have a lasting impairment but can still work, you may receive a set number of weeks of wage-replacement benefits. The amount you receive and how long the benefits last depend on the body part injured and the severity of your disability.
  • Permanent total disability benefits – You could receive two-thirds of your average weekly wage for up to 500 weeks if your injury leaves you entirely unable to work. However, lifetime benefits may be available in specific situations involving catastrophic injuries.
  • Death benefits – Surviving family members of a worker killed in a work-related accident may be entitled to death benefits, such as compensation for funeral and burial expenses and other losses.

Contact a Myrtle Beach Workers’ Compensation Lawyer Today for a Free Consultation

Do not risk your future after a workplace injury by not hiring a Myrtle Beach workers’ comp attorney. Jebaily Law Firm understands the challenges you face and how on-the-job injury cases work.

Call now or complete our contact form for a free consultation with a workers’ comp injury lawyer near you.

Workers' Compensation

Can I File for Workers’ Compensation Benefits and Social Security Disability Insurance (SSDI)?

Yes. However, if you are approved for both workers’ compensation benefits and SSDI, the money you receive from SSDI can be reduced if you receive more than 80 percent of your average pre-injury wages from the combination of workers’ comp and SSDI.

How Long Can a Workers’ Compensation Claim Stay Open in SC?

Workers’ compensation benefits can be paid for up to 500 weeks, although payments may continue for the rest of a worker’s life if they sustain permanent, total disability.

If you have been injured at work, reach out to Jebaily Law Firm for a free case review to speak with our South Carolina workers’ compensation attorneys. Get answers. Get Help.

How Long Can It Take to Receive a Check Upon Settlement of a Workers’ Compensation Case?

If you’ve settled your workers’ compensation claim with your employer and its insurer, the funds will be released when the South Carolina Workers’ Compensation Commission approves the settlement. The process typically takes about one to two months, though every case is unique.

What If I Can’t Return to Work After My Workers’ Compensation Injury?

You will begin to receive income replacement benefits after missing 8 calendar days of work.

Who Is Covered by Workers’ Compensation in South Carolina?

Any employee of a covered employer may receive workers’ compensation for a work injury. Covered employers include most employers with four or more employees. Even part-time and seasonal employees are entitled to workers’ compensation.

What Types of Injuries May Qualify for Workers’ Compensation Benefits?

Workers’ compensation benefits cover worker-related injuries and occupational illnesses. To qualify for workers’ compensation benefits, an injury must arise out of and in the course of your employment.

How Much of My Medical Expenses Will Workers’ Compensation Cover?

Medical benefits in South Carolina’s workers’ compensation system are supposed to cover the full cost of all reasonable and necessary treatment and rehabilitation for a work injury or occupational illness.

What Benefits Are Available from the South Carolina Workers’ Compensation Program?

Under South Carolina’s workers’ compensation law, you may be entitled to receive benefits that include:

  • Medical benefits, including reimbursement for qualifying travel to and from appointments or procedures
  • Income replacement benefits, which can make up a portion of your lost income if you cannot work or take a lower-paying job or position
  • Death benefits paid to the family of a worker whose death is caused by a work injury

Can I Use My Own Health Insurance Instead of Claiming Workers’ Compensation Benefits?

You should not use your health insurance policy to get treatment for a work-related injury. Some private health insurance policies expressly exclude coverage for work-related healthcare. If you use your health insurance to get medical care for a work injury, your insurer may have the right to demand reimbursement from your employer or its workers’ compensation insurer.

How do I know if I have a workers’ compensation claim?

There are several things we must know to determine if you have a workers’ compensation case:

  • You must have been hurt on the job.
  • The injury must have occurred while working within the scope and course of your employment.
  • You should seek advice from an experienced attorney. At Jebaily Law Firm, we will meet with you for a consultation to discuss your case. We have more than 30 years of experience in workers’ compensation.
  • Schedule a medical examination. We will work with you and the insurance company to arrange an appointment with a doctor or specialist to evaluate your health and work-related conditions. Exposure to dust, fumes, asbestos, chemicals, etc. may cause conditions that you are not even aware exist. An examination can help protect your health and your legal rights.

What about my benefits?

Benefits are provided to you through the insurance carrier for your employer. You may be entitled to the following:

  • You should be paid for the time your doctor has you out of work. However, you are not entitled to compensation until you have been out of work at least 8 days.
  • Your medical bills should be paid by your employer or your employer’s insurance carrier.
  • You should be reimbursed for mileage to and from your doctor’s appointments. You must travel at least 5 miles each way in order to be reimbursed for mileage.
  • Your prescription medications and approved medical supplies should be paid for by your employer or the insurance carrier.
  • Under the law, you may be entitled to additional compensation if you are permanently injured, even if you can still work.

How do I pay an attorney?

Before a lawyer can charge a fee on a workers’ compensation case, the fee must be approved by the S.C. Workers Compensation Commission. Commission rules require that no lawyer’s fee exceed one-third of the amount recovered. The one-third must be based on the amount disputed and may not be calculated on weekly benefits the employer voluntarily pays to the injured worker.

How will my compensation rate be calculated?

Generally speaking, workers are entitled to workers’ compensation at a rate of 66-2/3 percent of his or her average weekly wage (which is based on the previous four quarters before you sustained your injury) but no more than the maximum average weekly wage that is pre-determined by the South Carolina Employment Security Commission on a yearly basis. A workers’ compensation attorney can further advise you about your possible compensation rate if you have additional questions.

Will I be fired from my job if I file a claim?

An injured worker who is fired for filing a workers compensation claim may have a cause of action for wrongful termination and retaliatory discharge. If this occurs, by all means speak with an attorney as soon as possible.

How do I file a workers’ comp claim?

If your employer doesn’t report your accident or denies that you’ve been hurt, you can file a claim on your own. You will want to file your own claim if you think that you did not get all of the benefits due to you. In order to file a claim, you will need to turn in a Form 50 or Form 52 to the Workers’ Compensation Commission.  Get help from our South Carolina workers’ compensation attorney now.

What do you do if you have a work-related injury?

If you are injured on the job, you should report the injury to your supervisor immediately. The workers’ compensation laws require that you report your injury within 90 days from the date of the injury. When reporting the injury, you should note the time, place of injury, how you were injured, the injuries received, and names of witnesses. You should also keep a copy of this information. To receive benefits your claim must be filed with the S.C. Worker’s Compensation Commission within two years from the date of injury.

What types of accidents are covered?

To be eligible to workers’ compensation benefits, you must have been injured within the scope and course of your employment. All injuries are not “accidents.” Some are caused by repetitive motion, exposure to harmful substances, or extraordinary or unusual conditions of the job. If the work you do causes pain that you believe needs medical attention, we might be able to help. Generally, most injuries suffered by an employee during working hours at the employer’s place of business would qualify.