As an employee who was injured on the job, you are entitled to workers’ compensation regardless of who was at fault for the accident, illness, or overuse injury. Under South Carolina law, your employer must provide wage replacement benefits and full medical coverage for virtually any injury or illness caused at work. However, securing these important benefits is easier said than done. Employers and their insurance carriers almost always put up a fight. Marc Brown has assisted injured workers in filing Columbia work injury claims, appealing denials, and advocating for clients in the courtroom in order to obtain fair compensation. Our legal team is here to help you in your time of need.
Workers’ Compensation Explained
In an effort to keep workers safe, free up the court system (and provide financial security for employers), all states, including South Carolina, have each implemented workers’ compensation laws, starting back at the beginning of the 20th century. While employers potentially benefit the most from workers’ compensation due to the fact that employees largely give up their right to sue for full damages, employees also greatly benefit from workers’ comp, which pays for:
- Partial wage replacement of two-thirds of the employee’s average weekly wages
- Full medical care
- Vocational training
- Travel expenses to medical appointments
Workers’ compensation is no-fault insurance that all employees pay into. Once you are hired by an employer who employs four or more employees, you are automatically covered by workers’ compensation. Any injuries caused on the job, such as a slip and fall, and any injuries or conditions that can be proven were a result of your work (such as carpal tunnel syndrome), are covered by workers’ compensation.
What Causes Workplace Injuries?
Workers’ compensation insurance is an important safety net for employees in Columbia and elsewhere in South Carolina. It also protects employers from liability. The most common causes of workplace injuries in Columbia include the following:
- Slip-and-fall accidents
- Falls from heights
- Transportation accidents
- “Struck-by” accidents, such as being struck by falling shelves or moving equipment
- “Caught between” accidents, like getting caught between two moving objects
- Electrocutions
- Explosions
- Fires
- Sharp equipment injuries
- Defective equipment injuries
Employers must adhere to safety regulations and provide adequate safety training to their employees to minimize the risks of workplace injuries. Still, 9,300 workplace injuries and illnesses were reported in South Carolina in 2023 (the most recent full-data year) alone.
Common Injuries Covered By Workers’ Compensation
Workplace injuries can happen even in comfortable offices, but they are most common in physical labor-intensive industries such as construction, roofing, manufacturing, freight, and transportation. Common injuries in workers’ compensation claims include the following:
- Back injuries
- Neck injuries
- Repetitive motion injuries
- Fractures
- Head injuries
- Traumatic brain injuries
- Burns
- Soft-tissue injuries to knees, shoulders, wrists, and ankles
- Electrocution injuries
- Chemical exposure illnesses
- Lacerations, contusions, and abrasions
- Traumatic amputations
Any injury that occurs during the workday or while you are performing work duties on or off a job site qualifies you for workers’ compensation benefits.
What Types of Injuries Are Not Covered?
Workers’ compensation does not cover accidents at work caused:
- Intentionally by the worker
- In the act of “horseplay.”
- When the employee was intoxicated or high
Typical employer excuses for denying a workers’ comp claim include arguing that:
- The injury occurred off the job
- The injury is a pre-existing condition
- The injury is being exaggerated
- The employee is not actually injured at all
As a rule of thumb, many employers fight claims in order to keep their insurance premiums low, just as insurance companies deny claims in order to keep their own profit margins high. Because of these dirty tactics used by both employers and their insurance carriers, you need to work with a skilled Columbia workers’ compensation attorney in order to be fully, fairly, and promptly compensated for your work-related injuries.
What Can I Receive in a Columbia Workers’ Compensation Claim?
Injured workers are entitled to partial wage replacement while they are out of work due to disability, as well as full medical coverage. They may also be able to receive vocational or educational training if they are incapable of returning to their previous occupation due to permanent disability. In terms of wage replacement, you can receive two-thirds of your average weekly wages if you are totally disabled due to injury (for the total amount of time you are totally disabled, whether that is two months or permanently). When it comes to calculating wage replacement if you are only partially disabled, the following method is used: subtracting two-thirds of your current wages (while you are on light duty) from your average weekly wages before the accident.
Do I Have to Prove Fault in a Workers’ Comp Claim?
Workers’ compensation is no-fault insurance, available for virtually all South Carolina employees. As such, it is not necessary to prove fault in a workers’ comp claim. The accident could have been caused by your own inattention, a co-worker’s negligence, or your employer’s reckless rule-breaking, and you will still be entitled to workers’ compensation benefits.
Key Steps to Take After a Workplace Injury
After suffering an accident at work, you could be incapacitated or unconscious and unable to do anything except wait for help. However, if you can use your cell phone safely while awaiting transportation to an emergency room, you can take steps to preserve evidence. Use a cell phone to do the following:
- First, call 911 to request an ambulance or arrange transportation to a hospital if your injuries aren’t severe
- Then, use the phone’s camera to take photos of anything relevant to the injury, such as a broken ladder, faulty equipment, or a fallen object
- Photograph any visible injury
- Add the contact names of eyewitnesses
- Inform your immediate supervisor and ask them to write out a detailed accident report
- At the hospital, ask for a thorough examination and a complete medical report, then carefully follow your doctor’s recommendations and attend every appointment
- Inform your employer about the accident through a written form as soon as possible after the injury, or within 90 days of the injury (failing to report the injury within 90 days disqualifies you from receiving benefits
A successful workers’ compensation claim will pay for your emergency medical care, but then you must see a doctor from your employer’s approved provider list to ensure that your workers’ compensation benefits pay for your medical treatment.
The Difference Between a Workers’ Compensation Claim and a Personal Injury Claim
Workers’ comp benefits differ from the compensation you would receive in a personal injury claim or lawsuit. First of all, a personal injury claim requires that you prove fault. Secondly, it is very difficult to prove the degree of liability necessary to file a personal injury lawsuit against your employer. To be successful in a personal injury claim against your employer, you must go beyond proving mere carelessness and establish wanton disregard for your safety, which is difficult to do.
You can, however, file a personal injury claim against a third party (such as a property owner) while only proving carelessness. In terms of the compensation differences between workers’ comp and a personal injury claim, a personal injury claim in Columbia allows you to recover full lost wages, pain and suffering, future lost earnings, and other more substantial losses such as emotional distress.
Dealing With the Insurance Company After a Columbia Workplace Injury
Your employer must inform their workers’ compensation insurance of your injury. Then, your Columbia workers’ compensation lawyer can help ensure that your paperwork is complete with meticulous attention to detail and careful adherence to filing dates. Then, dealing with the insurance company requires assertive negotiations to achieve a settlement that covers your damages. An attorney makes a list of your damages and presents it to the insurance company. The workers’ compensation insurer may make a counteroffer or issue the requested settlement amount. If the case isn’t resolved with a mutually acceptable settlement, your attorney will present an argument on your behalf during the workers’ compensation hearing.
Having experienced legal counsel on your side maximizes your chances of a favorable result; however, if you’ve already received a claim denial, it’s not too late to hire an attorney to file an appeal with the best possible chance of recovering the benefits you deserve.
Call a Columbia Workers’ Compensation Lawyer Today
If you were injured on the job, you should not have to pay a dime when it comes to medical care, rehabilitation, or vocational training. Moreover, you should also be able to receive wage compensation for the duration of your injury, regardless of fault. Workers’ compensation is reserved for virtually all South Carolina employees, despite what your employer may have told you about your specific circumstances. To learn more about your rights as an injured worker and how to file a workers’ comp claim, Columbia workers’ compensation attorney Marc Brown is here to answer your questions and help you get started.