Work Injury Lawyers in Summerville, SC

Thousands of workers in South Carolina suffer on-the-job injuries every year, leaving them with expensive medical bills and other challenges. While workers’ compensation covers some losses an injured worker might experience, many workers still struggle to make ends meet. Furthermore, many workers don’t realize that a Summerville work injury lawyer can help them pursue additional compensation.

Murphy Crantford Meehan can help you explore your options after a job-related injury in South Carolina. Our Summerville work injury lawyers have extensive experience with both personal injury cases and workers’ comp claims. Whether you pursue a workers’ comp claim, personal injury lawsuit, or both, we’ll handle all the legal work. Call us today or complete our contact form for a free case evaluation.

Workers’ Comp Claims vs. Personal Injury Claims

You have two main options for recovering compensation after a work injury in Summerville. Your first option is a workers’ compensation claim. Broadly speaking, South Carolina law says businesses with four or more employees must provide workers’ compensation insurance. Workers’ compensation is a no-fault benefit, meaning it doesn’t matter who or what caused your injury (in most circumstances). The two key requirements that determine whether you can receive workers’ compensation benefits are:

• Are you an employee? In general, contractors do not qualify for workers’ comp benefits. Most other employees do, though, including part-time and seasonal workers.
• Is the injury related to your job? As long as the injury happened at your job or while you were performing a job-related task, you likely qualify for workers’ comp. For instance, if you were on a sales trip and someone hit your car, that would likely fall under workers’ comp. Injuries during your commute to or from your job typically do not qualify for workers’ comp, though.

Your other option for recovering compensation for a work-related injury is a personal injury lawsuit. While you usually cannot sue your employer or a coworker for a job-related injury, you can sue other liable parties. Going back to our previous example, you could sue a driver who hit you while you were performing a work-related task. However, unlike workers’ compensation claims, personal injury lawsuits require you to prove fault to recover compensation.

Crucially, you can file a workers’ compensation claim and a personal injury lawsuit simultaneously after a work injury. In fact, personal injury lawsuits let you seek compensation for losses workers’ compensation doesn’t cover. Talk to a lawyer as soon as possible to fully understand your legal options.

What Benefits Does Workers’ Compensation Provide in South Carolina?

State law requires employers to provide certain benefits to eligible injured workers, including:

• Medical Treatment: Workers’ compensation covers all reasonable, medically necessary treatments related to a work injury. This includes doctor visits, surgeries, hospital stays, prescription medications, and rehabilitation. Injured workers also qualify for equipment like crutches or braces to aid their recovery.
• Temporary Total Disability (TTD): If an injury prevents a worker from returning to their job temporarily, they can receive TTD benefits. These payments equal two-thirds of the worker’s average weekly wage and continue until they can return to work or reach maximum medical improvement. The state determines the maximum amount of weekly TTD benefits injured workers can receive every year. (For 2024, the maximum benefit amount is $1,093.67/week.)
• Temporary Partial Disability (TPD): If a worker can return to a lower-paying job during their recovery, TPD benefits cover the difference between their prior wages and new job.
• Permanent Partial Disability (PPD): Workers who suffer permanent impairments but can still work in some capacity may qualify for PPD benefits. These payments compensate workers for permanent limitations and are based on the severity of the disability.
• Permanent Total Disability (PTD): If an injury permanently prevents a worker from any gainful employment, PTD benefits provide long-term financial support. These benefits typically last for up to 500 weeks, ensuring security for those who cannot work ever again. However, state law says some injuries may entitle a worker to lifelong benefits.
• Death Benefits: For families who lose a loved one to a work injury, workers’ compensation provides death benefits. These benefits help cover funeral expenses and provide income support for the deceased worker’s dependents.

Key Deadlines in South Carolina Workers’ Compensation Claims

There are two crucial deadlines to remember in a South Carolina workers’ comp claim. The first is the deadline to report your work injury. If you do not report your injury to your employer within 90 days of when it happened, you could lose your benefits. Always make your report in writing so there’s a clear record of your actions. If you can’t report the injury yourself, ask a trusted friend, family member, or coworker to do so.

The second essential deadline concerns how long you have to file a workers’ comp claim. If you don’t submit a claim within two years of when the injury happened, you will likely lose your benefits. A work injury lawyer can file the necessary forms to start your claim and preserve your benefits.

Compensation from a Personal Injury Lawsuit After a Work Injury

If someone other than your employer or a coworker caused your injury, you may have cause for a personal injury lawsuit. You must prove fault to win a personal injury claim, but if you win, you can seek compensation for more losses than workers’ comp covers. With help from an experienced attorney, your compensation from a personal injury claim could include money for:

• Your current and future medical expenses
• The full amount of your lost income while you heal from your injuries
• Any reduction in your future earnings due to an injury or disability
• Your pain and suffering
• Your emotional distress
• Your diminished quality of life due to an injury or disability
• Your damaged personal property (if applicable)

Most Common Work Injuries in South Carolina

Any injury that happens at work could mean you qualify for workers’ comp or a personal injury claim. Some of the most common work injuries in South Carolina include:

• Slip and Fall Injuries: Slippery surfaces, uneven flooring, or cluttered walkways often lead to slip and fall injuries. These accidents can cause broken bones, sprains, or traumatic brain injuries, especially if a worker hits their head or lands awkwardly.
• Repetitive Strain Injuries (RSI): Repetitive motions, such as typing, lifting, or operating machinery, can lead to RSIs like carpal tunnel syndrome or tendinitis. These injuries develop over time and often cause chronic pain, limited mobility, and reduced strength in affected areas.
• Back and Spine Injuries: Heavy lifting, bending, or sudden twisting movements can strain or injure the back and spine. Workers may experience herniated discs, muscle strains, or even spinal cord injuries, which can lead to long-term pain or mobility issues.
• Burns: Workers in industries involving heat, chemicals, or electrical equipment face a severe risk of burn injuries. Chemical spills, contact with hot surfaces, or electrical malfunctions can cause serious burns, leading to nerve damage, scarring, or infections.
• Cuts and Lacerations: Sharp tools, machinery, and broken glass often cause cuts and lacerations among South Carolina workers. Deep cuts may require stitches or surgery, and severe injuries can damage tendons, nerves, or muscles.
• Hearing Loss: Prolonged exposure to loud machinery or environments without proper hearing protection can lead to hearing loss. Workers in construction, manufacturing, and industrial settings are especially vulnerable to this irreversible condition.
• Crush Injuries: Working with heavy machinery or materials places workers at risk of crush injuries. These injuries occur when a body part becomes caught between objects, potentially leading to broken bones, amputations, or internal injuries.

Steps To Take After a South Carolina Work Injury

Here’s what to do to protect your rights and health after a work injury in South Carolina:

Seek Immediate Medical Attention

Prompt medical treatment can mean the difference between a less severe injury and a lifelong ailment. See a doctor as soon as possible so they can treat your injury and document it.

Report the Injury to Your Employer

Once you’ve started medical treatment, promptly report the injury to your employer if you haven’t already. Remember, you must report your injury within 90 days to protect your right to workers’ comp benefits. If you can’t report the injury yourself, ask someone you trust to make the report. Make sure to submit the report in writing in case your employer tries to deny your claim.

Save Any Evidence from the Scene

Eyewitness contact information, photos and videos, the clothing you were wearing, and other evidence from the scene can help you prove a personal injury claim. If you have any evidence from the scene, store it in a safe, secure place until you can talk to a lawyer.

Do Not Discuss Your Injury

While workers’ comp claims don’t require you to prove fault, personal injury claims do. Therefore, anything you say about your injury to anyone other than your lawyer could hurt your case. Do not discuss your case publicly or make any social media posts about your injuries.

Talk to a Lawyer

Workers’ comp cases involve complex forms and procedures, and a lawyer can help you avoid mistakes that might hurt your case. Similarly, an attorney can investigate the incident to see if you have grounds for a personal injury claim. Make sure to talk to a lawyer as soon as possible, as you only have three years from the accident to file a personal injury lawsuit.

Contact Our Summerville Work Injury Lawyers Now

Our Summerville work injury attorneys are committed to protecting the rights of South Carolina workers. Call Murphy Crantford Meehan now or reach out online for a free case evaluation.