A Greenville workers’ compensation lawyer can help you if you have been hurt on the job. Contact Bobby Jones Law to review your case and start working towards the compensation and benefits you deserve.
Lawyer for Workplace Accidents in Greenville
Have you been hurt in a workplace accident? You may have the right to workers’ compensation benefits. Our law firm represents people who are injured on the job.
Getting the compensation that you deserve isn’t always easy. Employers and insurance companies may try to confuse you or minimize your benefits.
When you need a serious lawyer who pursues serious results, Bobby Jones Law is here to represent you in Greenville and the surrounding areas.
Get a free consultation with a workers’ compensation lawyer. Contact us today!
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Legal Representation if You Are Hurt at Work
Our law firm represents people who are injured on the job. Here are just some workplace injuries our team can assist you with:
- Falling, whether from the same height or an elevated surface
- Struck by an object
- Crushed by something heavy
- Stuck between injuries
- Traumatic brain injury
- Paralysis
- Loss of body parts, fingers, toes, arms, or legs
- Broken bones, soft tissue damage
- Car accidents in the course of employment, other vehicle accidents
- Equipment or machinery malfunction
- Fires, explosions, electrocution
Any job comes with a chance of injury. The most significant risks depend on the exact nature of the tasks.
However your injury occurs, you need medical care. You may be unable to work. The workers’ compensation system is meant to provide these benefits. Having a lawyer ensures you’re doing the right things to get what you deserve.
Claiming Workers Compensation Benefits in South Carolina
What is workers’ compensation?
Workers’ compensation is a law that allows people injured on the job to get benefits without having to prove legal fault for their injury.
The workers’ compensation system is meant to help employees and treat them fairly when they’re hurt at work. An injured worker can get medical care, replacement wages, and disability compensation without having to prove that the employer is at fault. The system is meant to make it easier for the injured worker to get compensation.
Do I qualify for workers’ compensation benefits in South Carolina?
You may qualify for workers’ compensation benefits if you:
- were hurt on the job or in the course of your employment
- meet the definition of employee in S.C. Code § 42-1-130
- work for a company required to have workers’ compensation insurance, with four or more regular employees
- are not subject to an exclusion for intoxication or willful misconduct
- take the proper steps to report your injury and file for benefits
A workers’ compensation claim can quickly get complicated. You may need to fight back against ways the employer and insurance company try to minimize payments.
Work with an experienced lawyer and an entire legal team pursuing your rights and interests. Work with Bobby Jones Law.
What workers’ compensation benefits are available in South Carolina?
In South Carolina, workers’ compensation benefits may include:
- Medical care fully paid for at no cost to you
- Replacement income if you can’t work or if you can’t earn as much as you did before
- Disability compensation if your injuries do not fully heal
Unfortunately, pain and suffering are not workers’ compensation in South Carolina. Our law firm can review if a third-party claim may be appropriate to help you claim this type of compensation, if possible.
Hiring a Greenville Workers’ Compensation Lawyer
When should I hire a workers’ comp lawyer?
It’s best to hire a workers’ compensation lawyer as soon as you’re injured on the job. They can ensure your injury is reported correctly and that there is no delay in your benefits.
A Greenville workers’ compensation lawyer can help you at any stage in your case. We can start working on your case immediately. Contact us now.
How can a workers’ compensation lawyer help me?
Here are some of the ways a workers’ compensation lawyer can help you pursue your rights:
- Reporting the injury, filing the claim for benefits
- Understanding your wage benefits and the basis for the calculation
- Fighting for the right amount of disability compensation
- Responding if you’re ordered to do light duty
- Determining what medical care you can receive, challenging denial of medical benefits
- Defending against allegations that you are an independent contractor. We can gather the evidence to show the true nature of your work
- Conducting a hearing on your behalf
- Appealing an unfavorable decision
The workers’ compensation system can be complex, but we’re here to represent you from start to finish. Throughout the case, we answer your questions and explain what you need to know to make your case successful.
Getting Fired While on Workers’ Compensation
Can you be fired while on workers’ comp in South Carolina?
You can still be fired while on workers comp. South Carolina is an at-will state, so your employer doesn’t need a reason to fire you. However, your employer cannot fire you because you file for workers’ compensation.
Law for retaliation for workers’ comp
S.C. Code § 41-1-80 prohibits an employer from firing or demoting an employee because they exercise their workers’ comp rights. If your employer fires you in retaliation, you may bring a civil action for lost wages, and you are entitled to reinstatement. The employee has the burden of proof.
Defenses your employer may raise include:
- Tardiness
- Absence from work
- Intoxication at work
- Disorderly conduct
- Destruction or theft of employer property
- Failing to meet work standards
- Violating company policy
Workers’ compensation laws wouldn’t be very effective if your employer could just fire you for filing a claim. Retaliation is against the law.
If you believe that you may be a victim of retaliation for filing for workers’ compensation, we invite you to contact our law firm to review your situation.
Workers’ Compensation Claims and Appeals
How do I file a workers comp claim?
To file for workers’ compensation in South Carolina, report your injury to your employer as soon as possible. The employer investigates, and they may agree to pay compensation. You have two years to request a hearing and dispute your right to benefits.
How can I have a workers’ compensation hearing?
To have a workers’ compensation hearing in South Carolina, you file Form 50 for injuries or Form 52 if a death occurred. Completing the paperwork correctly is extremely important. An experienced lawyer can help.
Do I need to report the injury to my supervisor in writing?
It’s always best to make the report in writing, including email. If you don’t report your accident within 90 days, you could lose your right to benefits.
Can I appeal a workers’ compensation denial?
Yes. If your workers’ compensation claim is denied, you can request a hearing before the SCWCC (South Carolina Workers’ Compensation Commission). The first hearing is before one commissioner. If you’re unsatisfied with the result, you can appeal to a three-judge panel using Form 30, Request for Commission Review. You must file the request within 14 days of the original order, so don’t wait to contact us to get started.
Then, if you’re still not satisfied with the outcome of your case, you can appeal to the South Carolina courts. You can even take your case to the South Carolina Supreme Court. Our lawyers can represent you every step of the way.
South Carolina Workers’ Compensation FAQs
How long can you stay on workers’ comp in South Carolina?
An injured person can stay on workers’ comp for up to 500 weeks in South Carolina. If the person has permanent and total disability with paralysis or serious brain injury, payments may continue indefinitely.
What is the South Carolina workers’ compensation law?
S.C. Code of Laws Title 42, Chapters 1-19 is the South Carolina workers’ compensation law.
What can I do if my workers’ compensation benefits have been denied?
If your workers’ compensation benefits have been denied, you have the right to challenge the denial. You may have a hearing before an administrative judge. Then, you can pursue appeals.
Representing Injured Workers in Greenville, South Carolina
For the people in Greenville who go to work each day, the danger of an on-the-job injury is real. Our law firm is dedicated to taking on even the most complicated cases and succeeding.
Don’t just accept a workers’ compensation denial. Talk to lawyer Bobby Jones to learn more about your case and your options.
Free Consultation – Taking New Cases
We know that it can be daunting to be injured on the job.
Get the emergency medical care you need, report your injury to your supervisor, and then call Bobby Jones Law. See how a Greenville workers’ compensation lawyer can help you. Pursue your case with the confidence of having an experienced lawyer by your side.
We’re taking new cases, and consultations are free. Contact us today.
