Workers' Compensation Attorney in Charleston

Charleston, South Carolina, is the largest city in the state. It is home to more than 426,000 residents.  

Over the past several years, the employment market in Charleston has grown. Many of the residents of Charleston work in the automotive, energy, and IT industries.  

No matter what their vocation, most Charleston-based employees are entitled to compensation following a workplace injury. The state law regulating this type of earned benefit is the South Carolina “Workers’ Compensation Act.” 

This important piece of legislation defines the types and amounts of compensation workers can hope to recover. While some injured employees attempt to recover benefits on their own, this is not advisable. 

Those with a legal representative working on their behalf have a much better chance of securing financial recovery. To speak with the best workers’ compensation lawyers in Charleston, South Carolina, reach out to the legal firm of Morgan and Morgan. 

Our knowledgeable legal specialists have a working knowledge of the state and federal laws that affect workers’ compensation claims. Make sure to hire skilled workers’ compensation lawyers in Charleston, South Carolina, when pursuing benefits after an accident.

The compassionate lawyers at Morgan and Morgan know injured workers have enough challenges to manage. For this reason, we will gladly provide you with a free consultation to discuss the facts of your workplace injury. Fill out the contact form on our website to schedule your no-obligation case evaluation today.

Important Information About South Carolina Workers’ Compensation Claims

When you have been injured at work, you may feel rushed to secure the benefits that are rightfully yours. While it is important to act quickly, you should also do your best to understand South Carolina’s workers’ compensation system before you begin the process of applying for earned benefits.  

Below, we will discuss some of the most important facts about the workers’ compensation system in South Carolina:

South Carolina Operates on a “No-Fault” System

The workers’ compensation commissioners in South Carolina do not decide claims based on the legal standard of negligence. Injured employees are not required to provide evidence that their employer was responsible for their accident or injury.  

However, if the worker is found to be responsible for the accident, they may be unable to recover compensation. Disqualifying behavior may include: 

• Working under the influence of drugs or alcohol
• Ignoring or disregarding safety protocol
• Fraudulently reporting an injury
• Purposefully causing an accident or injury
• And more 

But if you sustained an injury in the workplace, you will probably be eligible for earned benefits. When you contact workers’ compensation lawyers in Charleston, South Carolina, you will be able to effectively seek the money you need. This is true even if your employer was not negligent.

Employers Are Prohibited From Retaliating

When you file a claim for workers’ compensation benefits, your employer is not permitted to take retaliatory actions against you. For example, suppose that you are fired because you filed a claim for earned benefits.

In a situation like this, you will have grounds to file an additional civil lawsuit against your employer. A wrongful termination claim could help you recover additional damages for the retaliation you face.  

Other examples of retaliatory actions include: 

• Assigning unfavorable shifts or hours
• Providing unfair or unreasonably negative performance reviews
• Demotion or termination
• Decreasing scheduled hours
• Denial of promotion opportunities
• Denying bonuses
• Unreasonable disciplinary actions
• Reduction in wage rate or salary

If your company has taken wrongful action against you after you applied for benefits, do not wait. Morgan and Morgan’s workers’ compensation lawyers in Charleston, South Carolina, can help. We believe all workers deserve fair pay for their labor.

The Insurance Carrier Is Responsible for Payment

Some workers believe their boss or superior is responsible for paying their earned benefits. However, this is a mistaken notion. 

Employees often believe their employer will need to pay thousands in benefits if they apply for compensation. In reality, your company’s insurance provider will be responsible for covering the costs associated with your workplace injury. 

Workers’ compensation claims can result in higher insurance premiums for employers. However, this increase will pale in comparison to the costs and losses you experience as a result of your injury. 

Compensation You Can Recover Through Workers’ Compensation Benefits

In most workers’ compensation claims, victims can seek financial recovery for three types of losses. They are: 

• Medical expenses
• Lost wages
• Disability payments 

The amount of compensation you can hope to recover will depend on the many unique circumstances of your case. Speak with workers’ compensation lawyers in Charleston, South Carolina, to determine the full value of your claim.

As soon as you have sustained an injury, it is critical to report the accident to your employer or superior. Ask your supervisor where you should go to receive a medical diagnosis. 

In the state of South Carolina, your employer may be able to dictate the medical professional that you must visit if you hope to recover benefits.  

Tightfisted workers’ compensation insurance providers sometimes attempt to deny treatments victims need. That is why it is so important to have legal professionals fighting on your behalf. 

The overseeing physician may decide you cannot work because of your injury. If this happens, you are entitled to weekly payments equalling two-thirds of your typical wages or salary. 

You will continue to receive these weekly payments until you have reached the point of “maximum medical improvement” (MMI). After you have reached MMI, you will be assigned a number to rate your “impairment.” Your impairment rating represents the extent to which you need accommodations to work.  

It is important to note that the South Carolina workers’ compensation system does not account for the pain and suffering you experience. Unlike typical personal injury claims, victims cannot pursue compensation for their devastating physical and mental experiences. 

Do not accept an inadequate amount for your on-the-job injury. The team at Morgan and Morgan has decades of experience successfully representing injured workers. We will not rest until you receive the benefits to which your labor entitles you.

The Possibility of a Third-Party Lawsuit

If your on-the-job accident was the result of someone’s negligence (other than your employer’s), you might be able to pursue additional financial recovery. This is known as a “third-party” suit.  

For example, suppose that you tripped at work and sustained a severe injury. If your falling accident was the result of a negligent janitorial company, you might be able to pursue financial compensation from the at-fault business. 

Victims can seek both “economic” and “non-economic” damages through a third-party suit. Economic damages are payments meant to compensate workplace injury victims for their monetary expenses, including: 

• Medical costs and bills
• Lost wages and missed income
• Related property damage
• Decreases in earning capacity long-term
• And more 

While workers’ compensation claims do not account for intangible losses, third-party lawsuits allow victims to pursue this type of financial recovery. Payments for these emotional and physical losses are known as “non-economic” damages. Examples of these damages include: 

• Physical pain and suffering
• Anxiety, stress, and depression
• PTSD (post-traumatic stress disorder)
• Loss of enjoyment of life
• Embarrassment
• Disfigurement
• Permanent or temporary disability
• And more 

If you experience skyrocketing costs and lost income after an accident, make sure to speak with a seasoned workers’ compensation lawyer. At Morgan and Morgan, we will assess your situation and determine all of the options for pursuing financial recovery. 

Victims should not have to handle all of the personal and financial losses that they experienced because of another party’s negligence. Beyond the workers’ compensation benefits you are due, you may be able to seek a third-party suit for other damages.