Workers’ Compensation Lawyer in Charleston County

Three Trial Lawyers Collaborating on Every Case for Injured Workers Since 1984

When a workplace injury disrupts your income and your health, the last thing you need is to feel like a case number passed between staff members. At Bluestein Johnson & Burke, LLC, three trial lawyers work together on every case from our Mt. Pleasant office, drawing on more than 40 years of combined experience to give Charleston County workers focused attention. We’ve been doing this since 1984, and our clients communicate directly with the attorneys handling their matter.

South Carolina workers’ compensation involves both the employer’s insurer and, when disputes arise, the South Carolina Workers’ Compensation Commission. Injured workers typically face insurers backed by defense counsel. Having three trial lawyers who consult each other on strategy means your case draws on multiple experienced perspectives, not just one attorney working in isolation.

When you’re ready to talk, call (843) 418-0750 or contact us online. We offer evening and weekend consultation appointments for clients throughout Charleston County.

Common Workplace Injuries Covered by South Carolina Workers’ Compensation

South Carolina workers’ compensation is a no-fault system under S.C. Code § 42-1-10 et seq. You don’t need to prove your employer was negligent. You need to show the injury arose out of and in the course of your employment. Charleston County’s economy spans port and maritime-adjacent industries, aerospace, manufacturing, healthcare, and hospitality, each with distinct injury patterns ranging from crush and struck-by injuries to repetitive-motion conditions, burns, and lifting injuries.

Types of workplace injuries covered under workers’ compensation include:

• 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 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 and occupational illness

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

What Workers’ Compensation Benefits Cover in South Carolina

Workers’ compensation covers a defined set of economic losses. Under South Carolina law, temporary total disability benefits pay 66 2/3 percent of the worker’s average weekly wage while they’re unable to work. The four recognized levels of disability are temporary partial disability, temporary total disability, permanent partial disability, and permanent total disability.

Permanent partial disability benefits are calculated under the body-part schedule in S.C. Code § 42-9-30, based on the impairment rating assigned at maximum medical improvement (MMI), the point at which a treating physician determines the worker’s condition has stabilized. Covered categories include:

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

South Carolina law limits workers’ compensation recovery to economic losses. Pain and suffering damages belong to the civil court system, not the workers’ compensation process. If a liable third party, such as a contractor, equipment manufacturer, or vendor, contributed to your injury, a separate personal injury action may allow recovery of damages unavailable through workers’ compensation. We can help you evaluate whether that avenue applies to your situation.

What Workers’ Compensation Doesn’t Cover in South Carolina

Not every work-related injury occurs on an employer’s premises, and location alone doesn’t determine coverage. What matters is whether the injury is work-related. Injuries sustained while traveling for a business trip, working at an offsite location, or attending a business-related event can still qualify.

Injuries not covered by workers’ compensation in South Carolina include:

• Conditions that existed prior to employment and are unrelated to current job duties
• Ordinary diseases unrelated to an employee’s job responsibilities
• Horseplay or rowdy employee behavior that results in injury
• Incidents arising out of an act of God
• Injuries treatable with basic first aid
• Injuries sustained while intoxicated or under the influence of drugs
• Injuries from employee misconduct or violation of company policy
• Heart attacks unrelated to work conditions

Certain worker categories may also fall outside the South Carolina workers’ compensation system, including employees of businesses whose prior-year payroll was under $3,000, casual employees, agricultural workers, railroad workers, and commission-paid real estate agents. Federal employees may have separate federal compensation programs. If you’re uncertain whether your situation qualifies, our team can walk through the details with you.

The South Carolina Workers’ Compensation Claims Process

Deadlines in South Carolina workers’ compensation are strict, and missing them is one of the most common ways claims go wrong. Under S.C. Code § 42-15-20, injured workers must report the injury to their employer within 90 days. Delayed reporting is frequent grounds for dispute, so the sooner you notify your employer, the better. After the report, the employer notifies their workers’ compensation insurer, which then accepts or denies the claim.

Filing Deadline with the SC Workers’ Compensation Commission

There is a separate and shorter deadline for filing with the Commission itself. Under S.C. Code § 42-15-40, a workers’ compensation claim must be filed with the South Carolina Workers’ Compensation Commission within two years of the injury. This is distinct from the three-year statute of limitations that applies to personal injury tort claims. Missing the two-year Commission deadline can bar benefits entirely.

How Disputes Are Resolved

When disputes arise over the extent of an injury, benefit amounts, or a denial, a Workers’ Compensation Commissioner hears the matter. One element of the process that catches many workers off guard is this: under South Carolina law, the employer or its insurer selects the treating physician and directs the injured worker’s medical care. That same physician typically assigns the impairment rating that determines permanent disability benefits. Attorney involvement at the MMI stage can be particularly important when the assigned rating is disputed.

What Charleston County Workers Face When Pursuing a Workers’ Comp Claim

Claim denials are common, and the stated reasons vary: insufficient injury evidence, disputes over whether the injury is work-related, missed reporting deadlines, or documentation errors. Each can be challenged on appeal, but the process requires prompt action and organized documentation.

Insurers frequently dispute the level of disability or push for a lower impairment rating at MMI, which directly affects the value of permanent partial disability benefits. Workers who try to navigate the South Carolina Workers’ Compensation Commission process without legal representation face real risks: missed deadlines, incomplete submissions, and settlements that undervalue the claim.

Our team handles claim preparation, submission, negotiation with employers and insurers, and appeals when a claim is denied. Because all three of our attorneys collaborate on cases, a matter involving a complex injury, a disputed impairment rating, or potential third-party liability draws on multiple lawyers applying their experience to the same set of facts. Evening and weekend appointments reduce the friction of getting legal help while managing recovery and work restrictions.

Our Charleston County workers’ compensation attorneys are available for evening and weekend consultations. Call (843) 418-0750 or contact us online to get started.

Based in Mt. Pleasant, Serving Charleston County Since 1984

Bluestein Johnson & Burke, LLC has been based in Mt. Pleasant and serving clients throughout Charleston County since 1984. That history isn’t a marketing point. It means our attorneys understand the local job market, the industries where Charleston County workers are employed, and the injury patterns those industries produce. We regularly represent workers in hospitality, healthcare, construction, retail, and other sectors common throughout the area.

Mt. Pleasant and the broader Charleston County region include industries ranging from maritime-adjacent work and aerospace to healthcare and hospitality, each with its own injury patterns. Local resources for injured workers include the Town of Mt. Pleasant and the South Carolina Department of Health and Environmental Control (DHEC), which offer information on workplace safety and health regulations. We’re not affiliated with these entities, but we can guide you on using their resources. For workers who need medical attention, Roper St. Francis Mount Pleasant Hospital provides accessible care in the area. We can help clients understand how their treatment, their physician’s findings, and their impairment rating fit within the South Carolina workers’ compensation process.

Contact Our Workers’ Compensation Attorneys Serving Charleston County

If you’ve been injured at work in Charleston County, you have a defined window to act. Our attorneys can review your situation, explain your options, and help you move forward with your claim. Consultations are available in the evenings and on weekends, and you’ll speak directly with the lawyers handling your case, not support staff.

Further Information on Workers’ Compensation Claims:

• How Long Do I Have to File a Workers’ Compensation Claim in South Carolina?