Dealing with any type of injury or illness can be stressful and scary. Injuries that happen while on the job are even more complex, because they deal with state workers’ compensation laws. Workers’ compensation claims can be confusing and difficult to deal with on your own. Trying to take on a worker’s compensation claim all on your own can lead to you receiving less than your workplace injuries may warrant or even worse, your claim may be denied by the South Carolina Workers’ Compensation Commission (SCWCC). State laws for workers’ compensation exist to help injured workers, but having an experienced worker’s compensation lawyer on your side is the best way to ensure that your interests are looked after.
Double Aught Injury Lawyers has over 25 years of experience handling a variety of local workers’ compensation cases. No matter the type of injury our legal team has you covered. Whether you fell from work scaffolding and injured yourself or you developed an occupational disease while working on the job in South Carolina, our firm can help.
What Should I Do If I Am Injured at Work?
Usually following a workplace injury the immediate question asked is: Will worker’s compensation cover my accident? South Carolina is like most other states in that its worker’s compensation laws cover all injuries and illnesses attributable to work-related accidents. In other words, any job-related activity that caused your injury should be covered under the state’s workers’ compensation laws. So this means that some accidents that do not necessarily happen within the regular work hours or regular job site may be included in workers’ compensation. For example, if a salesman for a company is injured on their flight to a business-related conference then their injuries would most likely be covered by worker’s compensation.
For the SCWCC to process and accept a worker’s compensation claim, the injury or illness sustained must have happened in the course and scope of employment. Injuries sustained on the daily commute to work or activities that are not work related are usually not covered by workers’ compensation (though there are exceptions when injuries going to and from work are covered). Sometimes, the SCWCC will deny a claim if the employer believes that their employee sustained the injury due to an act of recklessness or horseplay. For example, if the employee purposely broke a workplace rule or was goofing off on the job at the time their accident occurred, the SCWCC may deny the claim.
Workers’ compensation covers the medical costs related to treating and diagnosing the employee’s workplace injuries. This includes all hospital visits, rehabilitation costs, X-rays, and scans. Any disabilities that result form the workplace accident are covered under workers’ compensation.
Workers’ compensation disability benefit payments are calculated as two-thirds of the injured worker’s average weekly wages in South Carolina, and are not taxed so the benefits usually approximate the worker’s take home pay. These disability payments include bonuses, overtime, and non-wage allowances you earned before the accident.
Common Workplace Injuries in South Carolina
Double Aught Injury Lawyers handles all types of workplace injuries in South Carolina. Construction industry accidents are quite common. Just a few years ago, one in five worker deaths were in the construction business. Construction workers’ are in a high risk work environment. There are greater chances of falls, objects striking workers, electrocutions, and getting caught between large equipment. Roadside construction workers are at a high risk of getting hurt by negligent drivers. Other common workplace injuries and illnesses are:
Repetitive motion injuries. These injuries generally happen to workers who do the tasks over a long period of time. Carpal tunnel syndrome is a good example of this type of injury. Repetitive motions such as typing, assembly line work, and heavy lifting can lead to muscle and tendon strains.
Overexertion injuries. A worker may overexert themselves while lifting heavy loads, pushing, carrying, pulling, and throwing objects at their work. Overexertion injuries can include sprains and strains. These are the most common type of work-related injuries.
Vehicle accidents. Many employees must drive for business purposes. For example, sales people or delivery drivers are required to travel for their business. Auto accidents while driving a workplace vehicle can cause severe injuries and sometimes even be fatal.
Machine entanglement. Heavy and large equipment can sometimes entangle employees, catching their clothing, hair or limbs within the machines. This can lead to amputations and crush injuries.
Slip and fall injuries. These types of injuries can occur in any workplace area. An employee may trip and fall over an obstacle within the office or tumble down a faulty flight of steps. Slip, trips, and falls are the main cause of personal injuries.
Falling object injuries. Objects and items falling from high locations or shelves can hit worker’s below, leading to major head and brain injuries. This is often the case when dealing with construction injuries. Many times tools and building materials fall from great heights and their impacts are magnified.
Occupational diseases. Illnesses that come about as a result from exposure of risk factors such as asbestos, carcinogens, loud noises, and airborne exposures are known to cause occupational illnesses. These illnesses can include asthma, lung disease and some types of cancer.
Violent acts within the workplace. Workplace violence and fights can break out among arguing employees. Sometimes these fights come about due to workplace politics or employees arguing over their personal lives.
Psychological disorders. More and more recently there have been more workers’ compensation cases dealing with psychological disorders related to unsatisfactory work conditions. Sometimes this can be an employee suffering from unsupportive coworkers or bosses, work overload, or limited opportunities through work can contribute to psychological disorders.
Every work related injury is different just as every worker is unique. No matter if you suffer a physical, emotional or mental injury while performing job oriented tasks, filing a workers’ compensation claim for benefits is the route you should take. If the your claim is denied for any reason, consult a South Carolina workers’ compensation lawyer to learn what next steps to take.
Consult with a Greenville Workers’ Compensation Attorney About Your Claim for Workplace Injuries
Filing a workers’ compensation claim may seem straight forward. However, it is what happens afterwards that can lead to legal complexities and potential court litigation. Your employer may try to fight against your claim or the SCWCC may deny your legitimate worker’s compensation claim. This is why it is important to consult with a skilled worker’s compensation lawyer to ensure your best chance at proper compensation. The legal team at Double Aught Injury Lawyers in Greenville, South Carolina takes pride helping each and everyone of our workers’ compensation clients fight for their rights and gain them the needed compensation for their workplace injuries. Please call our office today for a FREE consultation, so a member of our legal team can look over the specifics of your case, and guide you through this difficult legal process.
Bryan Ramey is a Personal Injury Attorney who practices in the upstate of South Carolina. He graduated from The University of South Carolina School of Law, and has been practicing law for 27 years now. Bryan Ramey believes in representing the injured. Learn more about his experience by clicking here.