Workers' Compensation

Workers' Compensation Lawyer Charleston

Why Choose Our Charleston Workers' Compensation Attorneys?

Were you injured on the job? If so, you may be entitled to receive certain benefits under South Carolina's workers' compensation law. Workers' compensation is often a complicated process that involves extensive paperwork. Many claims are initially rejected because of minor mistakes or oversights in the application. Make sure your application is prepared thoroughly and accurately by contacting Attorney Brian C. Johnson, a dedicated workers' compensation attorney in Charleston.

Why Choose Our Firm:

  • 40+ Years of Combined Experience in handling workers' compensation claims.
  • Evening & Weekend Appointments for your convenience.
  • Hands-On, Team Approach to Every Case ensures personalized attention.
  • Excellent Client Communication & Accessibility to keep you informed.

Common Types of Workplace Injuries in South Carolina

Workplace injuries can occur in any occupation, and it's essential to be aware of the risks. Injuries sustained while using heavy machinery or equipment are prevalent in manufacturing and construction sectors. Additionally, those working in healthcare settings might experience injuries from lifting or moving patients. Understanding these risks highlights the need for proper safety protocols and adherence to occupational safety regulations.

  • Being involved in an accident while driving a company vehicle
  • Slips, trips, and falls that occur while on the job
  • Exposure to dangerous chemicals or substances that lead to illness or injury
  • Repetitive stress injuries are caused by repeating the same motions over and over again
  • Aggravation of pre-existing injuries due to workplace environment
  • Hearing loss or other sensory loss
  • Wrongful death in the workplace
  • Stress-related injuries

Contact us online to schedule a consultation or call 843-418-0750. 

Understanding Workers' Compensation Benefits & Coverage in Charleston

Workers' compensation provides a safety net for employees who are injured or fall ill due to their job. It ensures financial stability during difficult times by covering a range of benefits. For employers, it is a vital component in maintaining a happy, productive workforce, reducing litigation likelihood, and fostering a safer workplace environment. Ensuring employees are well-informed about the scope and limitations of these benefits is crucial to maximizing their utility. Companies are encouraged to hold informational sessions to clarify any doubts employees might have about their rights and the process.

Workers' compensation applies to injuries that can be connected in some way to work requirements or conditions and covers:

  • Replacement income
  • Medical care and rehabilitation expenses
  • Compensation for permanent injuries
  • Retraining expenses

Exclusions in Workers' Compensation Coverage

Not all work-related injuries happen on an employer's premises. It is only required that the employee can prove that the injury is work-related. For example, injuries sustained while performing job duties such as traveling for a business trip, working at an offsite, or attending a trade show would still fall under the purview of those covered by workers' compensation.

In contrast, it's critical for employees to familiarize themselves with what is not covered under workers' compensation to avoid misunderstandings and ensure realistic expectations. Educating employees about exclusions not only aids in proper claims but also encourages personal responsibility towards their safety. Regular workshops or informational handouts can be beneficial in communicating these exclusions clearly.

However, it's important to note that workers' compensation covers most on-the-job injuries, but not all. What injuries are not covered by workers' compensation?

  • Conditions that existed prior to the employee getting hired at their current job, as well as those that began prior to an employee performing a particular duty of their job
  • Contracting one-time illnesses and or ordinary diseases unrelated to an employee's job responsibilities
  • Horseplay or otherwise rowdy/negligent employee behavior that results in injury
  • Incidents arising out of an act of God
  • Injuries that can be treated with basic First Aid (cuts, bruises, etc.)
  • Injuries sustained while an employee is intoxicated or under the influence of drugs
  • Injuries suffered due to employee misconduct or violation of company policy
  • Heart attacks

How Our Charleston Workers' Compensation Attorneys Can Assist You

A Charleston workers' compensation lawyer can provide indispensable assistance for injured workers, navigating the intricacies of South Carolina's complex workers' compensation law system. They ensure that their client's application is accurate, comprehensive, and that it adheres to all legal requirements. This increases the likelihood of a successful claim, securing the benefits that injured workers are entitled to.

Having a knowledgeable attorney by your side can also offer peace of mind during stressful times. They offer more than just legal advice, often serving as a guide through emotional and financial uncertainties that arise after a workplace injury. Attorneys can also help in identifying vocational rehabilitation opportunities, reinforcing the path back to employment. By understanding both the legal and personal dimensions of workplace injuries, attorneys are equipped to provide holistic support to their clients. Their involvement preserves the dignity of workers by ensuring that no entitlements are overlooked and that each worker receives the respect and compensation they deserve.

Services a Workers' Compensation Lawyer Can Provide Include:

  • Case Evaluation: Assessing the viability of your claim before embarking on the legal process.
  • Claim Preparation: Assisting in the collection of necessary documentation, medical records, and other evidence to substantiate your claim.
  • Claim Submission: Ensuring the workers' compensation claim is filed correctly, within the deadline, and to the right institution.
  • Negotiations: Negotiating on your behalf with employers, insurers, and other parties to secure the best possible outcome.
  • Appeals: If a claim is denied, a lawyer can help navigate the appeals process, representing you at hearings or in court.
  • Legal Advice: Offering expert legal advice and guidance through the various stages of the workers' compensation process.
  • Protection of Rights: Ensuring your rights as a worker are upheld throughout the process.
  • Resolution: If necessary, representing you in any disputes or litigation related to your claim.

If there is a liable third party involved in your injury, such as a contractor, vendor, or equipment manufacturer, you may be able to recover additional compensation. We can help you determine whether personal injury action or further workers' compensation would be best suited for your situation.

Charleston Workers' Compensation Claims Process

Navigating Charleston's workers' compensation claims process requires an understanding of both state regulations and local nuances. Initially, injured workers must report their injury to their employer as soon as possible, ideally within 24 hours. In South Carolina, you generally have 90 days to report an injury to be eligible for workers' compensation benefits, but filing sooner can help expedite your claim. Following the report, the employer should notify their workers' compensation insurance carrier to proceed with the claim.

After the claim is filed, a Workers' Compensation Commissioner may be involved if disputes arise. The commission handles disagreements about benefits or the extent of injuries. In Charleston, local offices make it more convenient for residents to attend hearings or consultations, ensuring everyone receives timely support, and decisions are made efficiently. An attorney can be invaluable during this phase, providing legal insight and representation to adequately address any disputes.

Common Challenges in Charleston Workers' Compensation

Workers in Charleston face distinct challenges when pursuing compensation claims. One primary issue is the initial denial of claims, often due to incomplete or inaccurately filled documentation. In many cases, applicants may be unaware of specific procedural demands, leading to avoidable errors. Miscommunication between employees and insurers can further complicate claims, delaying access to crucial benefits.

Another challenge is proving the work-related nature of injuries, especially when conditions develop cumulatively, like repetitive stress injuries. In such situations, thorough documentation and expert medical evaluations are pivotal. Charleston workers' compensation attorneys can help guide clients through these complexities by ensuring all documentation is comprehensively prepared and that medical evidence is robust, aligning with legal requirements to substantiate the claim.

Effective negotiation skills are essential. Insurers may attempt to minimize payouts, emphasizing the need for skilled legal representation. An attorney acts as a crucial advocate, bridging the gap between clients and insurance companies, ensuring just compensation and upholding workers' rights.

Why Choose A Local Charleston Workers' Compensation Lawyer?

Choosing a workers' compensation lawyer in Charleston brings several benefits. Local attorneys have a profound understanding of South Carolina's specific labor laws and procedural intricacies. This knowledge facilitates smoother navigation through complex legal landscapes. They are also familiar with local judges and adversaries, potentially influencing the strategy for presenting your claims.

Local attorneys provide accessibility and personal comfort. They often have established a network with regional medical professionals, experts, and other pertinent resources, which can greatly aid in building stronger claims. Furthermore, the personal relationships an attorney has within the community can be invaluable for a seamless litigation process, reflecting dedication and commitment to the welfare of local residents.

Bluestein Johnson & Burke, LLC distinguishes itself through a client-oriented approach, offering personalized, hands-on legal services, guaranteeing that our clients receive timely, informed, and focused legal counsel. This personal approach, combined with our comprehensive understanding of Charleston’s unique work environment, positions us as a standout choice for workers in need of compensation assistance.

 

Call 843-418-0750 or submit an online form to connect with our Charleston workers' compensation attorney today.

 

Further Information on Workers' Compensation Claims:

Commonly Asked Questions for Workers' Compensation

What Benefits Can I Receive Under South Carolina's Workers' Compensation Law?

Under South Carolina's workers' compensation law, injured employees may be entitled to several types of benefits. These include replacement income for time off work due to injury, coverage of medical care and rehabilitation expenses, compensation for any permanent injuries sustained, and retraining costs if you're unable to return to your previous job. It's crucial to ensure your claim is accurately prepared to receive the full benefits you're entitled to.

Can I Still Receive Workers' Compensation If I Was Injured While Traveling for Work in South Carolina?

Yes, in South Carolina, workers' compensation covers injuries that occur in the course of employment, which includes traveling for work, working at offsite locations, or attending business-related events like trade shows. It's not limited to injuries that happen on the employer's premises. If you're injured while performing job duties, regardless of the location, you may be eligible for workers' compensation benefits.

How Long Does the Workers' Compensation Process Take in Charleston?

The timeline for resolving a workers' compensation claim in Charleston can vary depending on several factors, including the complexity of the injury and the cooperation of involved parties. Initially, you should report your injury promptly to your employer, who will then inform the insurance company. Generally, the insurance company has 14 days to accept or deny the claim. If denied, additional time may be required for dispute resolutions or hearings with the Workers' Compensation Commission. Hiring a local attorney can potentially expedite the process, as they can ensure all paperwork is correctly filed and deadlines are met.

What Should I Do If My Workers' Compensation Claim Is Denied?

If your workers' compensation claim is denied, it's essential to understand the reasons behind the denial. Most denial letters will state the justification for the decision, whether it concerns documentation or eligibility issues. Intricacies in these claims can be complex, often requiring additional evidence or medical evaluations to substantiate the claim. Engaging a Charleston workers' compensation attorney early in the process can help prepare for these scenarios, facilitating the appeal process and improving your chances of reversing the denial.

Can I Choose My Own Doctor for Workers' Compensation in Charleston?

In Charleston, as with the rest of South Carolina, the employer or their insurance provider typically selects the doctor for workers' compensation claims. This arrangement can sometimes lead to concerns about impartiality, as these doctors may have ongoing relationships with insurers. However, if the provided medical care is deemed inadequate, or if there's a need for a second opinion, employees can petition for a change in the treating physician. Having an attorney to navigate this process can be beneficial, ensuring that your health interests remain paramount and that the medical treatment received aligns with your recovery needs.

Are Part-Time Employees Eligible for Workers' Compensation Benefits in South Carolina?

Yes, part-time employees in South Carolina are generally eligible for workers' compensation benefits. The state's law extends these protections to most workers, regardless of their employment status. The primary criterion is that the injury must occur in direct relation to job duties. Wage calculation for part-time workers receiving benefits may differ compared to full-time employees, often based on their average weekly wage at the time of injury. Part-time workers facing challenges in claims processing should consider consulting with a Charleston workers' compensation lawyer, who can provide personalized guidance on optimizing their claim within the legal framework.

Local Support for Workers' Compensation Claims in Mt. Pleasant

Living and working in Mt. Pleasant, you understand the unique challenges that come with our vibrant community. Whether employed by one of the many local businesses or commuting to nearby Charleston, workplace injuries can significantly disrupt your life. Navigating the complexities of workers' compensation claims can be daunting, but you don't have to do it alone.

Our firm is well-versed in the specific needs and concerns of Mt. Pleasant residents. We understand the local job market and the types of common injuries in our area. Workplace accidents can happen anywhere from the bustling retail sector along Coleman Boulevard to the industrial zones near Long Point Road. We are here to help you secure the benefits you deserve.

Mt. Pleasant is served by several local government entities that can provide additional resources and support. The Town of Mt. Pleasant and the South Carolina Department of Health and Environmental Control (DHEC) offer valuable information on workplace safety and health regulations. While we are not affiliated with these entities, we can guide you on utilizing their resources effectively.

One of the most common pain points for injured workers in Mt. Pleasant is the initial rejection of their claims due to minor errors. Our team ensures that your application is meticulously prepared, reducing the risk of denial. We also understand the importance of timely medical care, especially with the proximity of Roper St. Francis Mount Pleasant Hospital and other local healthcare facilities.

Moreover, our involvement in the Mt. Pleasant community means we advocate for worker safety beyond individual claims. We engage with local businesses and organizations to promote workplace safety initiatives. By cooperating with community leaders and institutions, we strive to reduce the number of workplace injuries and ensure a supportive environment where workers' health and rights are prioritized.

Our Dedicated Practice Areas

Why Choose Bluestein Johnson & Burke, LLC?

  • CONSIDERATION

    Hands-on level of attention through responsiveness and accessibility.

  • CONNECTION

    Offer a referral if you have a legal need that we do not cover.

  • COMMUNICATION

    Communicate with our clients directly and use support staff to assist us.

  • COLLABORATION
    Consult with each other regularly on cases so you benefit from our joint experience

Contact Bluestein Johnson & Burke, LLC Today!

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