South Carolina workers’ compensation laws are designed to provide a satisfactory means of handling occupational disabilities. The South Carolina Workers’ Compensation Commission oversees, manages and rules on all workers’ compensation claims. While the process is set up to allow claimants to file forms and request compensation without legal assistance, a lawyer who knows the compensation laws can be critical in ensuring that you get the benefits you deserve.
You must report your injury within 90 days. If you neglect to report the injury within 90 days of the accident you may lose your benefits. You may personally file a claim if your employer does not report your accident, or denies your injury by accident. With the many complex forms that must be completed, the medical process you are dealing with and the potential for a dispute with your employer, a lawyer can help file your paperwork and ensure that all forms are thoroughly prepared, and that you meet all imposed deadlines.
What is a workers compensation case?
If you suffer an injury arising out of and in the course of your employment, you may be entitled to benefits pursuant to the workers’ compensation statute. South Carolina workers compensation laws give injured employees fast access to medical care and replacement income if they are unable to work due to their injuries. A workers compensation case is the process of the injured person claiming their benefits.
What are the rights of injured workers?
As an employee, you have important rights when you’re hurt on the job. You have the right to:
- Report your work injury
- Receive paid medical care
- Continue medical treatment until you reach the maximum medical improvement
- Pay for being unable to work
- Receive lifetime benefits for qualifying injuries
- Claim an award for permanent disability
- Work with restrictions, receiving compensation for any difference in pre-injury wages
(Source: Your Rights Under the SC Workers’ Compensation Act, South Carolina Bar)
As workers compensation lawyers, we help people exercise their rights. It can be hard to know how to get your compensation and whether you’re getting the benefits you deserve. When you work with our lawyers, you don’t have to guess whether you’re doing the right things for your case.
How our workers compensation lawyers help
We meet injured workers in a variety of circumstances. Whatever the situation, we can help you get from where you are now to the results that you deserve. We can help when you need to:
- Report a work injury
- File a workers compensation claim
- Get payments for missing work
- Make sure you’re getting paid fairly
- Contest findings of the medical examiner
- Take the next step when your employer doesn’t report an injury
- Conduct an informal mediation
- Present your case at a formal hearing
- Respond if the insurance company tries to deny benefits
At Maguire Law Firm, we offer full-service representation for injured workers. You have a right to workers compensation, but you must file a claim for benefits.
We know how to evaluate the situation and identify how to make your claim a success. Using our thorough knowledge of legal procedure, we develop a strategy designed to optimize the results in your case.
Am I Entitled to Any Other Benefits?
Workers’ compensation is mandatory for employers in South Carolina with more than four employees. In South Carolina, workers’ compensation is a no-fault approach that limits the employer’s liability to those benefits provided by the Workers’ Compensation Act. It is an exclusive remedy for on-the-job injuries. However, in some cases, you may be able to collect additional benefits beyond workers’ compensation.
While you cannot sue your employerif someone other than your employer or a co-worker caused your injury, you may be eligible to receive additional benefits. For example, if you are injured due to equipment malfunction, you may be able to sue the equipment manufacturer. There may be many other circumstances in which your injury is the result of negligence or carelessness due to other parties. In order to claim additional benefits, a lawsuit will need to be filed against those responsible parties. However, there are important rules regarding the handling of a third-party lawsuit while you have an active workers’ compensation claim.
Can I get workers compensation if I have a pre-existing condition?
South Carolina law allows injured workers with pre-existing conditions to claim compensation if a job-related injury aggravates the preexisting condition so long as there is medical evidence to establish the aggravation.
Don’t assume that you cannot get benefits if you have a preexisting condition. It’s common for people of working age to have health conditions. You may still claim benefits if your work injury makes an earlier injury or condition worse.
If a case involves a preexisting condition, there are important things to do to make sure you get benefits. Medical documentation must explain what the preexisting condition is and how the work injury affected it. Our lawyers are equipped to handle complex workers compensation claims. Contact us to talk about how we can help you if your case involves a preexisting medical condition.
Workers Compensation lawyers Near Myrtle Beach
When you’re looking for the best workers compensation lawyers near Myrtle Beach, we invite you to contact Maguire Law Firm. We fight workers compensation claims for our clients. With a law firm dedicated to helping individuals, we have the experience and resources to get results.
Reasons people choose Maguire Law Firm include:
- Thorough knowledge of the Workers’ Compensation system and the benefits you are entitled to
- Experience handling complex claims with detailed medical evidence
- Seasoned trial attorneys – we are ready if your case goes to a hearing
- Free case consultations – see if you’re getting the compensation that you deserve with no risk or obligation
- Our training and experience allow us to identify all the issues to take the right steps on your behalf
We go up against powerful employers and their insurance companies. At Maguire Law Firm, we pride ourselves on helping members of our community.
Our founder, Ian D. Maguire, has received the following honors and awards:
- 2019 Ann DeBock Leadership Award Winner
- Super Lawyers 2010-2014, 2017-2020
- Martindale Hubbell Rating: AV (Highest Rating for Legal Ability and Ethics)
- American Board of Trial Advocates
- Listed in Best Lawyers 2017-2018
- Multi-Million Dollar Advocates Forum
- Nations Top One Percent, by the National Association of Distinguished Counsel
Ian D. Maguire is a leader in our community as the Past President of the South Carolina Injured Workers’ Associates and Past Chairman of the South Carolina Bar Workers’ Compensation Section.
While we can’t guarantee results in your case, we can promise to use the same dedication and put our experience to work on your behalf.
How quickly do I have to report a work injury in South Carolina?
You must report a work injury or illness within 90 days. Failing to make the report may prevent you from getting benefits. There may be an exception if there is a good excuse and the other side isn’t prejudiced by the failure to report. When there is repetitive trauma, notice must be within 90 days of discovery of the injury or when it could have been discovered with reasonable diligence.
(Source: Workers’ Compensation, South Carolina Code Chapter 15 § 42-15-20)
How long do I have to file a workers compensation claim in South Carolina?
You have two years form the date of the accident to file a workers compensation claim with the commission. For occupational disease, the timeline starts when there is a definitive diagnosis and the worker is informed of the diagnosis.
(Source: Workers’ Compensation, South Carolina Code Chapter 15 § 42-15-40)
Taking New Cases – Free Consultations
We Fight for Injured Employees In South Carolina
We represent employees injured on the job in South Carolina. We will focus on the fight, so you can focus on recovery. Contact our Myrtle Beach workers compensation lawyers at Maguire Law Firm for a consultation regarding your claim. You have a limited time to file, and we can start working on your case today.
Call 843-894-3502 or send us a message with our online form to discuss your case.
Myrtle Beach Workers’ Compensation Team