4701 Oleander Drive, Suite A
Myrtle Beach, SC 29577
It should be straightforward for injured employees to get the compensation they need after a workplace injury or developmental illness. In many cases, it’s a simple filing process that allows an employee to cover their lost wages, medical costs, and other damages.
However, there are some workers’ compensation claims that are more complicated. An employer may want to avoid the increase in insurance rates and try to claim that the injury is not work-related. An employer may even illegally retaliate against an employee for filing by firing them, limiting their pay or benefits, or harassing them. Insurance providers can also attempt underhanded techniques to avoid paying employees the compensation they deserve, or they may undervalue the true cost of the damages.
An attorney is a valuable asset to combat these actions. Even a straightforward process can be made easier with an experienced workers’ compensation attorney in Loris, SC.
At Axelrod & Associates, our team has more than 100 years of combined legal experience, working across various law fields. When you’ve been injured on the job, you may be unsure of your next steps. Our attorneys can help guide you through the process of filing a claim and calculate the damages that you deserve to help maximize your settlement. We have served employees in the communities around Loris for many years. We want to help you get the financial coverage you deserve to handle costs from surgeries, rehabilitative care, doctor’s appointments, lost wages, and many other losses.
The state’s workers’ compensation system protects both employers and employees. Any employer in South Carolina with more than 4 employees is required to carry workers’ compensation insurance.
This insurance enables employees to cover damages and prevent them from falling into financial hardship if they are injured on the job or develop a condition or illness from their job duties. That way, the employee can take time off work to recover. In cases where an employee is permanently disabled, workers’ compensation payments allow them to continue supporting themselves.
Workers’ compensation also protects employers. Without this system, employees could file a claim against employers directly. Employers would be held personally liable for more damages than are available in workers’ compensation claims. If an employer doesn’t carry the required insurance, they will not only face civil claims from injured employees but also criminal charges.
No one has to be found at fault for your workplace accident or illness for you to earn compensation. You may even be partially at fault through negligence or a mistake and still succeed in your claim. However, there are some circumstances that will prevent you from earning benefits. This includes:
If you are acting within typical workplace actions, even if you are not directly completing job duties, you are likely eligible for workers’ compensation.
Benefits in a workers’ compensation claim include:
If you file your workers’ compensation claim without an attorney, you may vastly underestimate the compensation you deserve. Your attorney can calculate the scope of your damages and negotiate with your employer’s insurance provider on your behalf. If the provider won’t give you the coverage you deserve, your attorney can take your claim to court.
A: If you receive weekly payments from your workers’ compensation claim in South Carolina, the payments are ⅔ of your average weekly wages. The maximum amount this can be, according to the South Carolina Department of Employment and Workforce, is $1,035.78 for accidents that happened after January 1, 2023.
This only applies to the lost wages portion of a workers’ compensation claim. You can also receive compensation for medical costs, rehabilitative costs, and other losses. The amount you receive in your settlement will correspond directly with the severity of your injury and damages.
A: It’s usually not advisable to quit your job while still on workers’ compensation unless you already have another job offer. If your claim is still in progress, your employer can use it to deny you benefits. If you are currently receiving benefits, quitting your job could also affect a portion of those benefits. Depending on how your benefits were calculated, they may be dependent on your average weekly wages from before your injury. You can discuss your unique situation with a workers’ compensation attorney. They can determine how quitting your job could affect your workers’ compensation payments.
A: Usually, you can’t sue your employer for a workplace injury. You can only sue your employer if:
You could also file a personal injury claim if a third party was responsible for your injury. If this happened at work, you could file for workers’ compensation and a personal injury claim. A third party could include a contractor, a vendor, a driver in a work-related car accident, or the manufacturer or seller of a defective product.
A: No, a workers’ compensation claim can’t obtain pain and suffering damages in South Carolina. Workers’ comp claims only cover economic damages, such as medical bills or disability benefits. To get pain and suffering damages, you would have to file a personal injury claim. In most cases, you can’t file a personal injury claim for a workplace accident unless a third party is at fault. This may include an at-fault driver in an on-the-clock car accident, a contractor who works with your workplace, or a designer or manufacturer liable for machinery malfunction.
We can help you through the process of a workers’ compensation claim and defend your rights against any illegal actions. Contact our team today.