Did you suffer an injury while on the job? Work-related incidents can happen in an instant, but the impact of a situation like this is often lifelong. From painful injuries and expensive medical bills to uncertainty about your future and more, this can be a hard experience to handle.
However, you’re not alone in this. Instead, let a workers’ compensation lawyer in Columbia help you seek justice and pursue compensation. The workers’ compensation process can be very confusing, but as your Columbia personal injury lawyer, we’re here to help.
At John Foy & Associates, we have more than 350 years of experience. Together, our attorneys have recovered over $1 billion in financial compensation for people just like you. We’ve helped our clients recover the benefits they deserve, and we’re ready to fight for you.
Overview of South Carolina’s Workers’ Compensation System
In South Carolina, employers with four or more employees are required to carry workers’ compensation insurance. This system is considered no-fault, meaning injured workers are not required to prove their employer was negligent in order to receive benefits.
However, this also generally limits an employee’s ability to sue their employer for additional damages outside of the workers’ comp system. Covered injuries include both sudden accidents and longer-term conditions, like repetitive strain injuries or occupational diseases.
The South Carolina Workers’ Compensation Commission (SCWCC) oversees this system. In doing so, it handles disputes between injured workers, employers, and insurers alike.
Reporting Requirements and Deadlines
According to state laws in South Carolina, employees must report their workplace injury to their employer within 90 days of the incident. Failure to report the injury within this time frame may result in the denial of their benefits.
Additionally, a formal claim must be filed with the SCWCC within two years of the injury date. These deadlines are strict, and missing them—regardless of the reason—can result in losing your right to collect benefits.
Types of Benefits Available to Injured Workers in South Carolina
Workers injured in Columbia or anywhere else in South Carolina may be eligible for several types of workers’ compensation benefits.
Medical Benefits
Injured workers are often entitled to all necessary and authorized medical treatment related to their injuries, including the following:
- Doctor visits
- Hospital stays
- Surgery
- Prescription medications
- Physical therapy
- Travel expenses for treatment
Employers—or their insurance carriers—have the right to choose the treating physician. If you seek treatment outside the approved provider list without authorization, you may be responsible for those costs unless it’s an emergency.
Temporary Total Disability (TTD)
If your injury prevents you from working entirely, you may receive temporary total disability benefits. These payments typically equal two-thirds of your average weekly wage, up to a maximum set by state laws.
TTD benefits often continue until a doctor either releases you to return to work or declares that your condition has stabilized.
Temporary Partial Disability (TPD)
If you can return to work in a limited capacity and subsequently earn less than you did prior to your injuries, temporary partial disability benefits may be available. These are calculated at two-thirds of the difference between your pre- and post-injury wages.
Permanent Partial Disability (PPD)
If your injury results in a permanent impairment but it does not prevent you from working altogether, you may be eligible for permanent partial disability. The benefit amount and duration depend on the affected body part.
Catastrophic Injuries
Some injuries—such as paralysis, amputations, or traumatic brain injuries—may be considered catastrophic.
Workers suffering from these life-altering injuries might qualify for lifetime medical care and permanent disability benefits, though it all depends on the severity of the injuries and the impact they have on your ability to work.
Death Benefits
If a worker dies from a job-related injury, their dependents may receive weekly income benefits and reimbursement for funeral expenses. Eligible dependents typically include surviving spouses and minor children.
Death benefits typically equal two-thirds of the deceased worker’s average weekly wage. They are usually paid for up to 500 weeks, unless modified by remarriage or the age of dependents.
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Common Causes of Workplace Injuries in Columbia, South Carolina
Workers in Columbia are employed in various industries, including manufacturing, construction, logistics, agriculture, and healthcare. These are common causes of work-related injuries in South Carolina:
- Falls from ladders, scaffolding, or slippery surfaces
- Equipment or machinery accidents
- Vehicle crashes involving delivery or construction vehicles
- Repetitive motion injuries, such as carpal tunnel syndrome
- Overexertion or lifting injuries
- Exposure to harmful substances, chemicals, or extreme temperatures
Occupational diseases—such as respiratory conditions or hearing loss—can also occur as a result of hazardous work environments.
How South Carolina Law Treats Pre-Existing Conditions
South Carolina’s workers’ compensation system recognizes that a workplace injury may aggravate a pre-existing condition. If a work-related incident worsens an existing medical issue, the new injury is still considered compensable.
However, insurance companies often dispute these claims, arguing that symptoms were caused by the underlying condition and not the job. Employers or insurers may request an Independent Medical Examination (IME) to assess whether your injury is truly related to your work.
The outcome of an IME can significantly impact whether your claim is accepted or denied, so it’s important to have workers’ compensation attorneys in Columbia help you through this process.
Contact Our Columbia Workers’ Compensation Law Firm for Help Today
If you’ve been hurt at work, you shouldn’t have to fight for justice or pursue fair compensation all by yourself. This can be a lot to take on, especially if you’re in pain or you’re trying to keep up with everything else in your life on top of the aftermath of the incident.
However, the good news is that you don’t have to deal with it all by yourself. Instead, reach out to John Foy & Associates to meet with Columbia workers’ compensation attorneys. We’re here to help you understand your rights and advocate for the benefits you’re owed.
As your workers’ compensation attorney in Columbia, you can count on us to support you every step of the way. Don’t wait to get the legal help you need. The sooner you contact us, the sooner we can start building your case and working toward the recovery you deserve.
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