Most of us go to work each day without thinking about the risk of injury and illness we face on the job. Fortunately, when a worker does suffer a work-related injury or illness, South Carolina workers’ compensation laws can provide benefits including payment for medical treatment, wage replacement, and other financial benefits.
Although a worker who is injured or falls ill on the job should be automatically entitled to workers’ compensation benefits, in some cases, a worker’s employer denies liability to pay workers’ comp benefits, or the worker receives fewer benefits than they may be legally entitled to.
If you are facing difficulties in securing workers’ compensation benefits from your employer, contact the Surfside Beach workers’ compensation lawyers of Jebaily Law Firm to schedule a free, no-obligation case evaluation. Our talented attorneys are skilled in workers’ comp cases, and we’re ready to fight vigorously for the benefits you need and deserve.
Call us today or contact us online for a free consultation. We’ll discuss the details of your injury or illness and answer any questions you have.
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Workers’ Compensation Benefits in Surfside Beach
When you’ve been injured at work or contracted an illness on the job in Surfside Beach, you may be entitled to various kinds of workers’ compensation benefits, depending on the severity of your injuries and how long you are kept out of work, including:
- Reasonable and necessary medical treatment
- Partial wage replacement for the time you miss from work during your recovery
- Disability benefits, if you are temporarily or permanently disabled from work after your recovery
- Death benefits, if a loved one has passed away due to a work-related injury or occupational illness
An experienced workers’ compensation lawyer can tell you more about the potential benefits you may be entitled to after suffering a work-related injury or illness.
Common Causes of Workplace Injuries in Surfside Beach
Workplace injuries and illnesses have many causes. Some of the most common causes of work-related injuries that our attorneys see in Surfside Beach include:
- Falls from heights, such as ladders, roofs, or scaffolding
- Being struck by falling objects
- Slipping on hazardous surfaces or tripping over objects
- Repetitive physical motions
- Overexertion
- Motor vehicle accidents
- Co-workers’ negligence, particularly around tools, equipment, and machinery
No matter how severe your injury appears after an accident, it’s important to seek medical attention right away. Sometimes symptoms don’t present themselves until hours or days after the injury occurred. A doctor may be able to identify and treat injuries you’re unaware of at first.
Common Types of Work-Related Injuries
Workers face the risk of a wide variety of injuries, especially in more dangerous professions such as construction or manufacturing. However, even people in “safe” jobs like office work or retail can suffer serious or life-altering injuries on the job.
Some of the most common types of work-related injuries that our workers’ compensation attorneys see include:
- Slip and fall injuries
- Fractures
- Soft-tissue injuries, including strains and tears of tendons, ligaments, and muscles
- Repetitive stress injuries
- Burns
- Neck and back injuries, including herniated or ruptured discs
- Spinal cord injuries
- Crush injuries
- Amputations
- Traumatic brain injuries
In addition to physical trauma, workers also face the risk of contracting diseases and illnesses on the job, including heart conditions, lung disease, lead or mercury poisoning, or mesothelioma.
What Will Workers’ Comp Pay For?
After you’ve been approved for workers’ compensation benefits, you may wonder what exactly the system will pay for. Depending on the severity of your work-related injury or illness and the extent of your recovery and absence from work, you can expect that workers’ comp will pay for expenses such as:
- Payment of reasonable and necessary medical treatments, including transportation to and from medical appointments
- Payment for prescription medications
- Wage replacement in the form of two-thirds of your average weekly wage, up to a maximum limit, while you are away from work recovering from your injury or illness
- Disability payments, including temporary partial disability benefits, which are paid if you can return to lighter duty work that pays you less income, or permanent disability benefits that are paid if you cannot return to work at all. These benefits are equal to two-thirds of the difference of your average weekly wage and your current earnings for temporary partial disability, or two-thirds of your average weekly wage for permanent disability that is paid for a period of up to 500 weeks. Certain permanent disabilities, such as paralysis or brain damage, may entitle a worker to lifetime disability benefits
- Disfigurement awards for certain visible scars or burns
- Death benefits paid to the family of a deceased worker, including partial wage replacement for up to 500 weeks along with payments towards funeral and burial expenses
When you have suffered long-term or permanent injury or disability, you may also be entitled to secure a lump-sum award of monetary compensation. Let a knowledgeable workers’ comp attorney help you understand and determine what kinds and amounts of workers’ compensation benefits you may be entitled to.
South Carolina Workers’ Comp Laws
South Carolina’s workers’ compensation laws require most employers who hire more than four full-time or part-time employees to carry workers’ compensation insurance or to be self-insured for workers’ compensation. All employees are entitled to workers’ compensation coverage, whether full-time, part-time, or seasonal.
However, certain types of employees are not covered under the state’s workers’ compensation law, such as railroad employees (who are covered by federal law) and agricultural workers. Volunteers or independent contractors also are not covered by workers’ compensation, although some companies may purchase insurance to cover those workers.
The workers’ compensation system in South Carolina is intended to be a “no-fault” system. This means that workers should begin receiving benefits no matter who was at fault for the worker’s injury or illness, so long as the injury or illness is determined to be work-related. However, in exchange for the right to guaranteed, defined benefits for a work-related injury or illness, the worker gives up the right to bring a personal injury claim against the employer.
There are certain exceptions to these rules. A worker who suffers an injury or illness on the job due to their willful or reckless conduct (for example, being intoxicated on the job) may be deemed ineligible for workers’ compensation benefits. Also, a worker may be entitled to assert a personal injury claim against an employer who willfully caused the worker’s injury or illness (for example, withholding safety or protective equipment as a form of discipline or retribution).
Contact Our Surfside Beach Workers’ Comp Lawyers Today
If you have suffered an injury on the job in Surfside Beach and are having trouble securing workers’ compensation or getting the full benefits you believe you are entitled to, you need aggressive, experienced legal representation to advocate for your rights and interests.
Contact the Surfside Beach workers’ comp attorneys of Jebaily Law Firm to schedule a free consultation with one of our dedicated, knowledgeable lawyers to discuss your case.
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.
Transcript
How long will my workers’ comp case take? You know, that just depends on the case. It depends on a lot of different factors.
I’ve had some cases take years and I’ve had some cases take, you know, a couple of weeks, a couple of months.
It really all depends on the severity of the injury, it depends on the medical care and
whether or not it’s been effective like the care the providers has given you has been effective.
It depends on so many different things.
You see these TV lawyers, they’re all over there talking about, ‘I got my case settled as quickly as possible.’
I mean, I can get your case settled quick but it’s not going to be done the way it needs to be done, so quick doesn’t always mean done right.
It’s just case-by-case basis, that’s all I know how to tell you.
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.
Transcript
The doctor released me but I have the spinal cord stimulator. Is that something that I
would still be considered in treatment due to checkups after my case is settled or? Well, so,
any kind of like device that requires maintenance and requires you to follow up with the doctor,
usually workers’ compensation, if you need something like a spinal cord stimulator,
workers’ compensation is supposed to be taking care of that going forward. Ok,
so, that’s a device that’s going to need constant monitoring,
every now and then they’re going to have to mess with it to make sure that it’s working properly
so that’s something that workers’ compensation is going to be taking care of for a long time.
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.
TRANSCRIPT
How do I know if I have a workers’ comp claim? It’s really technical stuff, South Carolina workers’ compensation, but basically the way the statute reads is if you’ve been injured doing something in furtherance of your employer’s business. The simple way of saying it is, did you get hurt at work? Or were you hurt while doing something related to your job? And that’s it. If the answer to that question is yes, then you qualify for workers’ compensation.
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.
TRANSCRIPT
Does the checks come out weekly or is it biweekly? How do you get paid for workers’ comp?Most of the time, it’s weekly. Occasionally, you’ll have a carrier that pays an injured worker biweekly. Regrettably, in this day and age, we still have people get checks through snail mail, and that causes a lot of problems these days. More and more, you’re getting direct deposit. So, most of the time, your compensation rate, your comp checks will be direct deposited weekly, on a weekly basis.
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.
TRANSCRIPT
So, a lot of people, one of their biggest questions is: how does my lawyer get paid?
Do I owe him anything up front? Is this something I’m going to be able to do? So, the court wants
everybody to have access to a lawyer. So they say, ‘Brian, we want you to help Dawn. And we
understand that she might not be in a position to pay you so what we’re going to do is we’re going
to allow you to work off of contingency fee ok, so I get paid at the end of your case. Whatever I
recover for you, the law firm takes it’s fee from that recovery and that’s how it works. That way,
everybody can have access to the courthouse. You see these commercials, you see these billboards,
you don’t pay unless we win or you don’t get paid unless we get you all this money but that’s called
a contingency fee. What that means is the lawyer, me, gets paid at the end of your case. Well how
much do I get paid? I get paid a percentage of what I recover on your behalf. In South Carolina,
a workers’ compensation lawyer recovers one-third of whatever we get for you as a fee. So,
our fee is one-third of whatever we recover for you so if I get you three dollars, the law firm
gets one dollar and you get two. And from your two, we recoup some expenses but our law firm
has been open for fifty years or better and we’ve never taken a check larger for
ourselves than the one that we would give to our client. People think, you hear it all the time,
the lawyer’s going to take all of your money. That’s ridiculous. You have no idea what you’re
entitled to under the law but a lawyer does and I would say that nine times out of ten,
you’re going to come out a lot better with a lawyer than you did trying to go it alone.
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.
Transcript
If I have a job that is just, under the table, does that also include, will I get paid for that
or is it just wherever I got hurt? Under the table work is always problematic, ok, on many different
levels, there’s a lot of problems with it. But just because an employer is paying you under the
table does not mean you don’t qualify for workers’ compensation and does not mean those wages don’t
go towards your compensation rate. So, if you’re hurt and you can show that you’re an employee
and they’re paying you a set amount each week, those are the wages that have to be used for your
workers’ compensation, your compensation rate. We run into that from time to time but usually,
like in a construction context or something like that. So, is that something I need to get like
all of my W2’s and that kind of stuff or do you all get that from them? We can get it, it just
takes us a little bit more time. If you can get those materials to us as quickly as possible,
that helps us do our job. As soon as we’re able to look at the W2’s and if you have any paystubs,
payroll records, we can get to work faster and make any necessary adjustments. We can request
those things but we have to send letters of representation out, we have to request those
things, we have to wait on those things to come back and for a while, you might be waiting on that
adjustment or those funds for quite a while so if you can get it, get it to us as quick as possible.
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.
Transcript
Can my job fire me for getting a lawyer? They’re not supposed to. They’re not supposed to do what’s called ‘retaliatory discharge.’ Now, in South Carolina,
they can fire you for any reason but not because you filed for workers’ compensation and not
because you’ve hired a lawyer but they can fire you for any reason unrelated to those things.
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.
Transcript
So, what all do I need when I contact an attorney for a workers’ compensation
case? I’m going to tell you to bring everything you got. My case manager, she’s going to say bring every piece of paper that you have that’s related to this. If you
can get your payroll records, if you can any paperwork your employer has given you, any medical records that they have been giving you from the authorized treating physicians,
the doctors that they’re sending you to…bring everything. Once I sit down and talk with you,
I might actually ask you to go and get me more stuff but the more information I have as a lawyer,
the more effective I can be at doing my job. It’s all based on evidence. And my job is
to take the evidence and present it in a light most favorable to my client which is the injured worker. Bring me everything you got as quick as possible because otherwise, I’ve got to wait.
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.
Transcript
What about the nurse case manager? Are they required to come in the room with me with
the doctor or do they have to stay out if I’m uncomfortable with them? No, you’re entitled
to a private examination. And that’s really what everybody really needs to know is that
the doctor is supposed to be examining you in private. Now, many times, injured workers invite
the nurse case manager in and everybody’s having the conversation but that really should depend on
your comfort level. I tell all of my clients they need to have a private examination because that’s
between the doctor and the injured worker and if the nurse case manager is trying to push their way
in to the door then we’ve got a problem. A lot of nurse case managers are extremely helpful,
they really are, they’re trying to do good work, they’re trying to help out the injured worker,
they’re just a couple of bad apples, just like anybody, that really make things problematic.
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.
Transcript
So you were asking about repetitive injuries, things like that. What questions do you get
when you’re talking about injuries that aren’t as obvious as falling and breaking your leg.
Repetitive trauma is always hard. Working on a computer all day long, I’m constantly keying
things in, now my right wrist is hurting. A lot of people don’t realize, hey, that’s workers’ comp.
And that is harder, in my opinion, much harder to prove. And you know, when our clients come to us,
it’s difficult to pinpoint when that you could’ve first known that this happened.
And you’re asking clients to go back sometimes a year, maybe longer, as to when they first felt that little twinge here and just didn’t realize it. So, repetitive trauma is always one of my
least favorite because it’s so hard. It’s one of those issues where a work accident is like Bob
fell down the stairs while he was at work or Bob got involved in a car crash while he was driving
his delivery route but many times, work injuries can be a lot more subtle. They can be things like
the repetitive use of one arm. I’ve actually had people that work in dentist’s office, you know, the dental hygienist, they got to hold their arm around somebody’s head for such a long period of
time that their shoulder starts developing problems or administrative professionals
that have to type in constantly, you see a lot of that. People that inspect parts on assembly lines,
they’ve developed these micro-traumas that happen over time and over the course of time, those tiny,
repetitive traumas result in their inability to do their job and that’s a workers’ compensation
injury, that’s work-related. Hair salons are another good one. Those are all kinds of,
there’s so many different ways that you can suffer a work accident. It is not cut-and-dry.
If you think that you’ve got an injury or you’re having pain that’s associated with your work,
you might be entitled to workers’ compensation. You need to talk to somebody about it. Don’t be afraid to come into a lawyer’s office. Just demand that you get to talk to the
lawyer. At some point in time, you need to be face-to-face with your lawyer. If I could have
people come away from this with one thing, it’s that you need to talk to your lawyer in person.
Not some lawyer that’s in Atlanta or by Zoom or something like that, you need to be able to sit
down and have access to your lawyer. I love that we are face to face. You get a lot more details,
a lot more information when you’re one-on-one. And I know that the world is going towards
digital and I use digital myself but I want all of my clients to know that if I’m using digital
for the most part it’s because the client wants me to use digital. And I get gas prices are high
and travel and stuff like that. I want to be sensitive to those things but the best course
is for you to sit down and be able to talk to your lawyer. Not some representative in
Atlanta. First initial meeting is always important in person. I always get a feel for whether or not
I want to help somebody, whether or not it’s a relationship that I want to get involved in. So,
it’s important for me to get a good feel for somebody at the table. I think it’s just as
important for the lawyer as it is for the client to have a good, in-person, face to face meeting.
