Workers in all industry types are susceptible to injuries in the workplace. If and when an injury on the job occurs, the injured worker is entitled to workers’ compensation benefits. Marc Brown is an experienced workers’ compensation attorney who can help you to navigate the claims process and recover the compensation you’re owed. Contact our law firm today to learn more about how we can help.
Why Choose Us as Your Work Accident Lawyers In Columbia?
Marc Brown Law Firm is dedicated to compassionate, tireless legal representation for injury victims. In fact, if you are seriously injured and unable to come to our office for a free consultation, we will come to you to evaluate your case. Marc Brown Law Firm brings the following to your claim:
- A lead attorney with years of experience representing large companies and their insurers, bringing invaluable insight to your case.
- A policy of compassion combined with professionalism that achieves results for clients.
- Open-communication and availability, so you’re always included and involved in your financial recovery process.
- Tireless legal representation with the goal of maximizing your financial recovery while you focus on your physical recovery.
- Marc Brown Law Firm offers free consultations to our personal injury clients.
Common Causes of Work Injuries
Dedicated employees give their best to their work, but when they experience a workplace injury, they face the loss of income, painful medical procedures, and sometimes an uncertain future if their injury caused permanent harm. The most common causes of work injuries include the following:
- Slip-and-fall accidents
- Transportation-related accidents
- Repetitive motion injuries
- Lifting injuries
- Struck-by accidents, such as being hit by falling objects or moving equipment
- Caught between accidents, such as getting caught between moving equipment
- Repetitive motion injuries
- Equipment injuries
- Electrocutions
- Fires and explosions
- Toxic exposures
Types Of Workplace Accidents
According to the National Safety Council (NSC), a worker is injured on the job somewhere in the United States once every seven seconds. Some of the top types of worker injuries and accidents include:
- Sprains and strains
- Repetitive movement injuries
- Soreness or pain
- Cuts, lacerations, and punctures
- Overexertion injuries
- Contact with objects and equipment
- Carpal tunnel syndrome
- Neck injuries
- Back injuries
- Knee injuries
- Fractures
- Traumatic brain injuries
- Spinal cord injuries
- Burns
- Electrocutions
- Traumatic amputations
- Crush injuries
Workplace injuries range in severity from mild, fully recoverable injuries with a single emergency room bill to lifelong disability or wrongful death. Regardless of the extent of the injuries and damages, if you were injured at work and experienced pain, mobility problems, temporary or permanent disability, medical bills, and loss of income, you have legal options available to address the economic impacts of the workplace accident.
Construction Worker Injuries
Construction workers are at an increased risk of injury compared to workers in other industries. The four most common sources of injury and death in construction jobs are falls, caught-in/between accidents, electrocution, and struck-by-object accidents, according to the Occupational Safety and Health Administration (OSHA).
The Long-Term Impacts of Work Injuries
The consequences of a workplace injury can extend far beyond the immediate health impacts, and can include:
- Decreased earning capacity
- The need for ongoing medical treatment or rehabilitation
- Necessary career changes or retraining
This can affect an individual’s quality of life and future employment opportunities. In addition, chronic pain, long-term disability, and the inability to perform previous work roles are potential outcomes that need to be considered in any work injury claim and evaluated by an experienced Columbia work injury lawyer.
The South Carolina Workers’ Compensation System
Workers’ compensation in South Carolina is a state-mandated system designed to provide financial and medical benefits to employees who sustain injuries or illnesses directly related to their job duties. Governed by the South Carolina Workers’ Compensation Act, this system is a no-fault means of ensuring that workers are supported without the need for litigation to prove employer negligence.
The Eligibility Criteria for South Carolina Workers’ Compensation Claims
To be eligible for workers’ compensation benefits in South Carolina, you must meet several criteria:
- You must be an employee working for a business that carries workers’ compensation insurance.
- Your injury or illness must be directly related to your job duties or employment.
- The claim must be filed within a specific timeframe after the injury or the diagnosis of a job-related illness.
You may initially handle your workers’ compensation claims independently, especially if it is a really straightforward case. However, it is important to recognize the following signs that you might need a lawyer to assist with your workers’ compensation claim:
- You suffered a severe injury or its impact on your life can be long-term or complex
- Your employer or its insurance company disputes the cause of the injury or illness
- You have received insufficient compensation, or your claim was denied, requiring an appeal
Also, if a third-party, or non-employer, caused your injury, you could file a personal injury claim in addition to workers’ compensation. A personal injury claim allows you to recover compensation for pain and suffering, while workers’ compensation does not compensate for non-economic damages.
What To Do After A Workplace Injury
After a worker is involved in an on-the-job accident, it’s important that they report the accident to their supervisor and ask for medical care for their injuries right away. Then, taking the following steps helps to streamline your workers’ compensation process:
- First, call 911 to request an ambulance or arrange transportation straight to the hospital from your workplace. This not only ensures that you receive critical emergency care, but also provides evidence that your injury occurred at work and not elsewhere
- Then, while waiting for transportation and medical care, use your phone to take photos of the cause of the injury, such as a broken scaffold or spilled oil on the floor. If you’ve been too severely injured to use your phone’s camera, ask a co-worker to help you.
- Photograph your visible injuries
- At the hospital, ask for a detailed medical report and the physician’s notes about your injury, the doctor’s recommendation for treatment, and your expected prognosis
- Report the injury to your immediate supervisor and ask them to fill out an accident/incident report
- See a medical provider from your employer’s approved provider list to ensure that your expenses are covered by workers’ compensation
- Follow your doctor’s orders carefully, attend every appointment, and fill every prescription
- Report the injury to your employer through workers’ compensation firs report form
Failure to provide an employer with a notice of the injury within the required time frame (within 90 days) can be a bar to a claim for workers’ compensation benefits.
Once an employer has been provided with notice of a worker’s injury, the claims process should be initiated by the employer, who has the responsibility of reporting the accident to the insurer. Through workers’ compensation insurance, an injured worker can receive coverage for the full value of all necessary and reasonable medical expenses, as well as a portion of their lost wages should the injury result in more than seven days of missed work. The injured worker is also entitled to additional compensation if they receive a permanent impairment or disability rating related to the work injury.
When Do You Need a Work Injury Attorney?
Workplace injuries not only interfere with earning, but they can also disrupt other aspects of your life, including your ability to accomplish your usual routines and care for your family. A workplace injury lawyer does the following:
- Represents you throughout all aspects of your case, including meticulous attention to filing details for workers’ compensation, attending your hearing to protect your best interests, and exploring options for third-party lawsuits
- Files a lawsuit against a third party if a non-employer caused or contributed to your injury
- Carefully calculates your damages to maximize the amount you recover in your claim or lawsuit
A significant number of workers’ compensation claims are initially denied, often due to paperwork and deadline errors. An attorney explores all legal avenues to recover compensation for your losses and works tirelessly to achieve an outcome that aligns with your goals. If you’ve already received a denial of your workers’ compensation claim, an experienced attorney can advise you about an appeal.
Succeeding in your claim is crucial to avoiding economic hardship after an injury. A successful workers’ compensation claim in South Carolina provides for your medical expenses, about 67% of your standard weekly wage, disability benefits, and wrongful death benefits to the family of a fatally injured worker.
How Long Do You Have to File a Work Injury Claim In Columbia?
Work injuries are often painful and may require medical procedures and time-consuming physical therapy, which makes it challenging to focus on the financial aspect of the injury. Still, it’s crucial to consider the time limits involved in filing your work injury claim. First, to file a workers’ compensation claim, a workplace injury victim must inform their employer in writing within 90 days of the injury date. Then, workers have up to two years to file a workers’ compensation claim in South Carolina. Despite this generous time limit, it’s beneficial to file a claim as soon as the full scope of the injury and its impacts become clear. This helps ensure that key evidence remains available to support your claim.
Finally, if a non-employer, such as a negligent contractor, driver, or property owner, is responsible for your workplace injury, you have up to three years from the date of the injury to file a personal injury claim under South Carolina’s statute of limitations for personal injury cases.
Can I File a Lawsuit Against My Employer After a Workplace Injury In Columbia?
Workers’ compensation in South Carolina not only provides a critical safety net for injured employees but also protects employers against lawsuits when a worker suffers an on-the-job injury. In most cases, it isn’t possible to file a lawsuit against an employer after a workplace injury, unless their actions were egregiously reckless, with wanton disregard for safety, or intentionally wrongful. Instead, depending on the circumstances of a workplace injury, some injured employees can file a claim against a non-employer. A third party that caused or contributed to the injury could be liable in a personal injury claim. Common third-parties in workplace injury claims include:
- A contractor
- A subcontractor
- A vendor
- A property owner
- A workplace cleaning agency
- The manufacturer of defective equipment or a defective product
- A negligent driver
An experienced workplace injury lawyer in Columbia will work tirelessly to pursue all avenues of compensation for you.
How A Columbia Work Injury Attorney Can Help
Suffering a work injury can be terrifying, especially if your injuries are serious. While you may assume that you are covered under workers’ compensation insurance and therefore have nothing to worry about, don’t be so sure. Your employer may deny your claim, or an insurance company may offer you less than you deserve.
The assistance of a skilled Columbia work injury lawyer can be crucial if complications in your work injury claim arise. Here is how experienced Columbia personal injury lawyers can help:
Navigating Appeals and Denials
If your workers’ compensation claim is initially denied, a skilled work injury lawyer can help file an appeal, represent you in court, and prepare all the necessary documentation to challenge the denial. The help of an experienced lawyer can be particularly important in interpreting and applying the specific legal statutes relevant to your claim.
Dealing with Complex Claims Involving Multiple Parties
Your work injury case may involve third parties or multiple defendants, adding layers of complexity to your claim. A skilled work injury lawyer is crucial in these cases to ensure that all angles are covered, liability is accurately assigned, and the compensation reflects the true extent of your injury.
The best way to protect your right to your full benefit amount is to work with an experienced workers’ compensation attorney in Columbia, like Marc Brown. Attorney Marc Brown knows the law and what steps you need to take to pursue your claim. He can negotiate on your behalf and represent you should your case require litigation.
Get Legal Help From A Columbia Work Injury Lawyer Today
A lawyer’s involvement can be vital when dealing with the complexities of a work injury claim, particularly when the initial filing leads to a dispute or denial. An experienced Columbia work injury lawyer can significantly influence the outcome of your claim by ensuring that all the legal requirements are followed and that your rights are protected.
If you are involved in an accident or suffer a repetitive movement injury while working in Columbia or anywhere in South Carolina or Georgia, attorney Marc Brown is here to help you. Schedule a free consultation with our law firm today.