Construction work can be a tough occupation in South Carolina. It can involve long hours, working in various weather conditions, and sometimes in dangerous settings. Industrial Safety & Hygiene News lists construction as one of the top 25 most dangerous jobs in the United States.
Accidents in the construction industry can result in debilitating and disfiguring injuries. These injuries can sideline a worker for months, and sometimes for the rest of their career. How can a victim be sure that they’ll be taken care of and compensated properly for their injuries?
For almost 50 years, the experienced South Carolina injury attorneys at Jebaily Law Firm have been helping construction accident victims seek the full and fair compensation they deserve. Whether through filing a workers’ compensation claim or a third-party lawsuit, our lawyers understand how to use the legal system to achieve results for accident victims.
For more information about how we may be able to help, contact us today. We offer a free case review to answer your questions and review your situation.
Who Can Be Held Responsible for a Construction Site Accident Lawyer?
In South Carolina, the workers’ compensation program is a no-fault system, which means an employee does not need to prove fault to be eligible for benefits. By the same token, when an employer offers workers’ compensation insurance, their liability for injuries is limited, protecting them from employee lawsuits.
While an injured employee generally cannot sue their employer for negligence, they can sue other non-employer third parties who may have been responsible for their injury. In fact, sometimes multiple parties may be held accountable for certain types of accidents.
In general, parties outside of the employer who are often responsible for construction site injuries include:
- The construction site owner
- Contractors or subcontractors
- Prime contractors
- The manufacturers of defective parts or equipment
- Engineers
- Negligent motorists
Damages Available for Injuries Resulting from a Construction Accident
The type of claim you file can have a significant effect on the kinds of compensation you may be able to claim following a construction accident. A workers’ compensation claim may cover:
- Medical expenses
- Rehabilitation expenses
- Partial replacement of lost wages
- Disability benefits
- Death benefits
A third-party personal injury lawsuit may also provide financial compensation for medical expenses and lost wages, in addition to other kinds of compensation, such as lost earning capacity and pain and suffering. In general, a victim may be able to recover the following types of compensation in a personal injury claim:
- Medical expenses
- Lost wages
- Loss of earning capacity
- Property damage
- Pain and suffering
- Mental anguish
If you want to learn what you may be able to recover following a construction accident, get in touch with an experienced South Carolina construction accident attorney at Jebaily Law Firm. We can review your situation, explain which legal options may be right for you, and determine the full extent of your losses.
Workers’ Compensation After a South Carolina Construction Injury
Workers’ compensation is a program that provides employees injured on the job with certain benefits. These benefits may include compensation for medical expenses, lost wages, and disability benefits.
Generally, a victim must have suffered a work-related injury or illness to be eligible for these benefits. A report must be filed with the employer. Then the employer has the right, in most cases, to choose the physician the victim must visit.
Some victims choose to file for workers’ compensation on their own. However, securing an attorney from the start is usually the best way to protect your rights. An attorney can help you gather information and evidence, file the paperwork, and negotiate for full benefits. An attorney can also file an appeal if the victim’s employer or their insurance provider denies the claim.
Laws Protecting Construction Workers in South Carolina
South Carolina has its own federally approved program in place regarding workplace safety and health regulations. These laws apply to all employers in both the public and private sectors.
South Carolina law outlines employee protections, regulations about exposure to harmful materials, and necessary safety requirements and inspections. These regulations are meant to protect employees and potentially punish employers who violate state safety policies.
South Carolina also has an Occupational Safety and Health Administration branch, which covers various safety practices and regulations.
Common Types of Construction Site Accidents in South Carolina
Construction sites can be hazardous. From heavy machinery accidents to tripping hazards and falls, there is no shortage of factors that could contribute to a workplace accident.
Some of the most common types of construction site accidents include:
- Falls from scaffolding
- Falls from ladders
- Power tool accidents
- Poorly maintained machinery and equipment
- Mechanical defects in machinery and equipment
- Forklift, crane, bulldozer, and truck accidents
- Falling objects, such as lumber
- Exposure to chemicals and toxic fumes
- Fire and explosions
- Electrocutions
- Lack of safety equipment
South Carolina Construction Accident Lawyer Statistics
The U.S. Bureau of Labor Statistics found that the private construction industry had the highest number of work-related fatalities in the state. The bureau reported that 27 construction workers lost their lives in just one recent year.
The Occupational Safety and Health Administration also keeps track of work-related fatalities. In one recent year, the agency recorded several fatalities, including a worker who died after falling from scaffolding and a worker fatally crushed by a forklift. Other work-related fatalities included an electrocution death and a fall from a roof.
Contact Jebaily Law Firm About Your Construction Accident Lawyers
A construction accident can shatter a victim’s world and throw their health and financial well-being into turmoil. We think hard-working construction workers deserve better.
The experienced legal team at Jebaily Law Firm takes pride in helping make a meaningful difference in the lives of injured construction workers in South Carolina.
At Jebaily Law Firm, we work hard to recover full and fair compensation and will aggressively negotiate on your behalf. We want to take the time to listen to your case and answer all your questions before outlining your legal options for recovering compensation.
Contact us today to schedule a complimentary claim review and discuss your situation. We’ll work hard to give you the best possible chance of recovering the compensation you deserve.
Frequently Asked Questions
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.
