A work injury can change your whole life in seconds. You may be in pain, unable to work, and worried about how to pay your bills. A Bluffton workers’ compensation lawyer from John Foy & Associates can take that pressure off your shoulders.
We help injured workers across South Carolina file claims, fight denials, and recover the benefits they’re owed. With over 350 years of combined experience and $1 billion recovered for clients, our team knows what it takes to win.
As a personal injury lawyer in Bluffton, we’re committed to treating you with the respect and support you deserve—no fees unless we win for you. Call us today for a free, no-obligation consultation.
Our Workers’ Compensation Attorneys in Bluffton Will Help You With a Claim
Getting benefits for a work-related injury should be a simple process, but in many cases, it isn’t. Keeping up with laws and rules, important forms, and deadlines can be a lot to deal with when you need your focus to be on treating and healing from a painful injury.
John Foy & Associates has helped many people with these claims, so we know what to do. We will protect your rights and guide your case while you tend to your recovery needs. We know how the system works and how to deal with insurance companies that try to delay or deny claims.
Here’s how we will support you:
- Gather medical records and work documents.
- Deal with the insurance company and lead talks with them about your claim.
- Challenge unfair denials or benefit offers that are too low for your needs.
- Help you get a second medical opinion if needed.
- Prepare your case if a hearing becomes necessary.
You can count on our workers’ compensation attorneys in Bluffton to take care of the legal details so you can focus on your recovery.
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What Is Workers’ Compensation in South Carolina?
Workers’ compensation is a system that provides medical care and wage replacement for workers who get hurt on the job. In South Carolina, most employers with at least four employees are required to carry workers’ compensation insurance.
This applies whether you’re full-time, part-time, or seasonal. As long as you’re classified as an employee (not an independent contractor), you’re typically covered. However, you can consult with our lawyer to confirm your eligibility for benefits.
Here’s what workers’ compensation usually covers:
- Medical treatment: Hospital visits, prescriptions, physical therapy, and more.
- Lost wages: A portion of your regular income while you can’t work.
- Disability benefits: If your injury causes a permanent problem or long-term effects.
- Death benefits: Support for surviving family members if a loved one dies from a work injury.
You don’t have to prove your employer was at fault to receive benefits. If the injury happened during the course of your work, you likely qualify.
How Long Do You Have to File a Workers’ Compensation Claim?
In South Carolina, you have 90 days to report your work injury to your employer and two years to file a formal workers’ compensation claim with the South Carolina Workers’ Compensation Commission.
Here’s what that means:
- Report the injury within 90 days: This is the deadline to tell your employer about what happened. You should submit this report in writing to the proper supervisor. If you wait too long, your benefits could be denied, even if your injury is serious.
- File your claim within two years: This is the time limit to file Form 50 with the omission if your employer hasn’t already done so.
Acting quickly helps protect your rights and ensures your medical care and wage benefits aren’t delayed. We will make sure to file all forms and other paperwork correctly and on time. You can leave everything to us and focus on feeling better.
Your Initial Claim May Get Denied, But It Doesn’t End Your Case
While everyone hopes to get approved for benefits on the first try, that often does not happen. An insurance company even denies valid claims sometimes. Common reasons for denials include:
- Missed deadlines.
- Disagreements about how or where the injury happened.
- Claims that the injury wasn’t work-related.
- Use of an unauthorized doctor.
If you receive a denial notice about your claim, don’t panic. Our Bluffton workers’ comp attorney can review the reason and advise you further. We may also be able to appeal your case and help prove your claim.
What If My Job Injury Causes Permanent Damage?
Some injuries never fully heal. South Carolina allows for “permanent partial disability” or “permanent total disability” benefits. These depend on the body part affected and how much you’ve lost in use or earning power.
You might qualify for:
- A lump-sum settlement.
- Ongoing weekly benefits.
- Vocational training if you can’t return to your job.
We will consider your losses and work to get the full amount you’re owed and explain what to expect.
Can I Sue My Employer in Bluffton, S.C., for a Work Injury?
In most cases, workers’ compensation is your only option. You cannot sue your employer unless they intentionally caused your injury.
However, if a third party—like a contractor, driver, or equipment manufacturer—played a role in your injury, you might have a separate personal injury case. This kind of claim allows you to recover damages that workers’ comp doesn’t cover.
We can help you explore every path to financial recovery. In a third-party claim, you may be able to pursue:
- Full lost wages: Not just the two-thirds covered by workers’ comp.
- Medical expenses: Including future treatments and out-of-pocket costs.
- Pain and suffering: Workers’ compensation doesn’t cover this, but a third-party claim can.
- Loss of enjoyment of life: If your injury affects your ability to do everyday activities.
- Wrongful death damages: If your loved one died from a fatal injury that a negligent third party caused, our wrongful death lawyer in Bluffton will work to recover losses related to their death. These can include funeral and burial fees, medical bills, and more.
Questions About South Carolina Workers’ Compensation Claims
If you feel confused or unsure after a work injury, you are not alone. Legal help is available, and our Bluffton workers’ compensation injury lawyer can answer specific questions during your free case evaluation.
Here are some common questions we hear:
How Much Will I Get Paid While I’m Out of Work?
You will typically receive about two-thirds of your average weekly wage, up to a state-set maximum. A lawyer can help calculate the correct amount.
Can I Choose My Own Doctor?
You can’t choose your own doctor unless it’s an emergency. Your employer or their insurance company usually chooses the authorized doctor. If you’re unhappy with your treatment, talk to your lawyer about your options.
What If I Can Return to Work, But Not Full Time?
You may still receive partial wage benefits. We’ll make sure your case reflects the change in your earning ability.
My Job Injury Made a Past Condition Worse — Can I Still File?
Yes. If a work-related activity made an existing condition worse, it may still count under workers’ comp rules.
How Long Do Workers’ Compensation Benefits Last?
That depends on your injury. Temporary benefits can last until you reach “maximum medical improvement” (MMI). MMI means you’ve healed as much as your doctor believes you ever will, even if you’re not 100% better.
At that point, your doctor will evaluate whether you have any permanent disabilities. MMI is an important step in a workers’ compensation case because it often determines whether you’ll continue receiving benefits or get a settlement. Permanent benefits depend on how severe your disability is.
Let Our Workers’ Compensation Lawyer in Bluffton Help You Move Forward After an Injury
Getting better after a work injury can be tough—physically, emotionally, and financially. At John Foy & Associates, we will help you manage your recovery, no matter what stage you’re in, and fight hard for injured workers and their families.
We will work to recover the benefits you deserve, file the important paperwork, and push back when insurance companies try to avoid paying what’s fair. You don’t pay us unless you recover your benefits. Let a Bluffton workers’ compensation lawyer from our team stand by your side from start to finish.
Reach out today and let us start helping you feel in control again. Call for a free consultation.
(404) 400-4000 or complete a Free Case Evaluation form