4701 Oleander Drive, Suite A
Myrtle Beach, SC 29577
Even if you work at a relatively dangerous job, it is important that you feel safe at work. Jobs are meant to support you financially, not wreak havoc on your body. Despite this, thousands of workers suffer from work-related injuries every year.
If you have been harmed on the job, it is important that you understand your rights. In most situations, your employer should provide you with workers’ compensation insurance that will help you pay for resulting medical bills and time off. However, these cases can encounter roadblocks. The insurance companies responsible often attempt to avoid paying for injuries even when they are supposed to.
With the help of an experienced attorney, you can ensure that you get the proper workers’ compensation settlement and all other benefits to which you are entitled.
If you were injured on the job, you may be entitled to workers’ compensation benefits, regardless of who was at fault. To qualify, the injury must be work-related and you must have reported it to your employer in a timely manner.
At Axelrod & Associates, P.A., in Myrtle Beach, our lawyers are here to ensure you recover the maximum compensation you are due from workers’ compensation. We also represent workers whose claims were denied. If you were hurt at work, call 843-916-9300 for a free case evaluation. We have offices in Myrtle Beach, Rock Hill and Little River.
Report your work injury promptly: Reporting the accident/injury in a timely manner is critical to receiving the compensation you deserve. Delays can jeopardize payment of medical fees and other compensation you may be entitled to under South Carolina law. Under no circumstance should you wait to report an incident to your supervisor. Once you report the accident or injury, you generally have up to two years to file a claim.
The following is a list of some of the types of injuries that are covered by workers’ compensation:
In South Carolina, workers’ compensation laws have certain injuries or claims that are not covered, called preclusions. Any injury sustained outside of work, or outside the scope of your duties at work, would fall under preclusion. In certain situations, unexplained falls or injuries may be precluded as well. If your employer or its insurance company denies your claim for any reason, you should seek the advice of an experienced workers’ compensation attorney immediately.
Although the workers’ compensation system is meant to benefit workers, it often causes confusion and frustration.
Insurance companies, although they claim to help people, often attempt to avoid paying for injuries when they can. These companies put a significant amount of effort into trying to disprove your claim. They will do everything in their power to attempt to blame the situation on you or someone else so that they do not have to pay. Unfortunately, many workers fall victim to the insurance companies’ tactics simply by making a statement to an adjuster.
With the help of an attorney, you can be sure that you do not inadvertently give away your right to a settlement. By directing all insurance company inquiries to your attorney, you can avoid making statements that may be used against you. We are highly experienced at dealing with insurance companies in a way that preserves your claim.
It is also important to note that you may have the ability to seek further compensation from other sources in addition to your workers’ compensation settlement. Although workers generally cannot press charges against their employer, you may be able to file a claim against an involved third party if applicable. When you work with a South Carolina workers’ compensation attorney, you can be sure that you receive all the workers’ compensation benefits and any other settlements for which you are eligible.
Although many people know that workers’ compensation exists, few people understand the details. If you are injured at work, it is important to understand what a workers’ compensation claim can do for you.
If you are denied workers’ compensation for any reason, you will be responsible for these costs yourself. Few families can afford these expenses, which is why it is essential to have an attorney to fight for you. With our help, you can get the compensation that you deserve. For many families, this compensation is the difference between making a proper recovery and facing financial instability for years to come.
Although many workplace injuries qualify the victim for a workers’ compensation claim, some situations do not. Just as with many other insurance plans, there are instances in which the insurance company is not responsible for damages.
If any of the following applies to your situation, you are likely ineligible for workers’ compensation:
Most workplace injuries occur outside of these situations. However, it is important to understand that not all injuries are eligible for compensation.
The workers’ compensation system is permitted to drug test in order to enforce their parameters. This helps them to avoid paying if the worker was under the influence of alcohol or drugs when they got hurt. They may also perform random drug tests to ensure that the workplace is drug-free, as this is often a requirement for workers’ compensation insurance companies in SC.
Unfortunately, this does not always create fair results. A positive drug test does not necessarily mean that the individual was under the influence at the time of the incident. Although marijuana is recreationally and medically illegal in South Carolina, it is legal in nearby states. Individuals who imbibe legally can be punished, even if their drug use had no part in the accident. A positive drug test can also jeopardize your job, licensing, and standing in the community. For this reason, it is important to avoid drug use, even in legal settings, if you are a South Carolina worker.
If you are asked to perform a drug test, whether random or for a workers’ compensation claim, be sure to talk to your attorney first. We may be able to help you navigate this situation without jeopardizing your claim.
The workers’ compensation system calculates your settlement based upon your weekly income. Your income from the insurance company should be similar to your normal weekly salary. However, this is not always the case. As mentioned, insurance companies often try to avoid paying, so they may attempt to give you a settlement that is far lower than you deserve. In these situations, it is extremely helpful to have a workers’ comp attorney to help you fight for a proper settlement.
Every state has different laws about workers’ compensation. In the state of South Carolina, any business with four or more employees is required to have workers’ compensation insurance for their employees. This protects employers from sudden and prohibitive medical bills and protects employees from having to pay for an injury that was not their fault. It is important to note that certain agricultural and railroad jobs have their own set of rules regarding workers’ comp. If you work in these industries, you may need to speak with an attorney to see if you are eligible to file for compensation or personal injury.
If your workplace employs four or more people and does not have workers’ compensation insurance, you may be able to seek support through the South Carolina Uninsured Employers Fund. With the help of a qualified attorney, you can access available help as well as determine whether you can take legal action against your employer. Although suing your employer is not normally allowed, if they have violated workers’ compensation law, you may have options that would otherwise be unavailable.
In exchange for providing workers’ compensation benefits, South Carolina employers generally cannot be sued by their employees for injuries that happen on the job. However, there might be other negligent third parties you can sue. Examples include:
For example, if your coworker misuses equipment and breaks your arm in the process, you may be able to file a personal injury claim against your coworker for their involvement in the injury. However, you likely would not be able to sue your employer in this situation.
Our lawyers will review your case and seek compensation from all parties who may be liable for your injury. By filing a personal injury lawsuit, we can recover compensation for pain and suffering, as well as lost wages that aren’t replaced by workers’ compensation.
Our lawyers have helped hundreds of injured workers secure the maximum benefits they are due under the laws of South Carolina.
Although workers’ compensation claims and injuries vary depending on the situation, there are certain injuries that are especially common. It is important to understand these injuries so that you can watch for symptoms if you get into an accident at work.
Common workers’ compensation injuries include:
Depending on your industry and position, your workers’ compensation claim may or may not include one of the above injuries. In many cases, employers offer industry-specific information about workplace safety and common injuries. Be sure to use this information so that you can do your best to prevent these injuries. This way, you can ensure that you have done your due diligence and that your employer can be held responsible if you do get hurt.
In some situations, you may be able to continue working while you are healing from your injury. This depends upon the extent of your injury as well as the options available in your workplace. Some workers may be able to work in alternate positions, while others may not be able to work at all. For example, if you work in the warehouse of a big box store and break your leg, you likely will not be able to continue to work in your position. However, after an adjustment period, you may be able to work at the checkout counter, where you could sit while you work.
Remember, according to ADA regulations, your employer must make reasonable accommodations for any physical limitations that you may have, whether they are permanent or temporary. If you believe you can continue to work, talk with an attorney and with your employer to determine what your next steps should be.
Workplaces should not be able to harm their workers and leave them without compensation. Our team is passionate about fighting for South Carolina workers and ensuring that all individuals get the financial support that they deserve. Our team is highly experienced, knowledgeable, and compassionate, and we can help you build your case while putting you at ease. When you work with us, you can be sure that you are doing everything possible to earn proper compensation.
Justice for injured workers begins now with the team at Axelrod & Associates. Call 843-916-9300 or complete our contact form for a free initial consultation.
4701 Oleander Drive, Suite A
Myrtle Beach, SC 29577
1550 N. Oak St.
Myrtle Beach, SC 29577
1510 Ebenezer Road
Rock Hill, SC 29732
3700 Golf Colony Ln
Little River, SC 29566
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