Injured at work? Your Columbia work injury attorney can help you seek compensation for your injuries and damages.

Although working conditions are safer than ever in many cases, there is still a chance for serious injury when you are at work. Unfortunately, many injured Columbia workers do not realize they can seek compensation with a lawyer’s help. At HawkLaw, we want to help you get justice through monetary compensation.

According to the U.S. Bureau of Labor Statistics (BLS), there were approximately 2.6 million nonfatal workplace injuries and illnesses in 2021 alone. If you’ve been hurt in a work accident, you may have a chance to seek compensation you wouldn’t have otherwise received. Talk to your South Carolina work injury lawyer for help with your claim.

What Injuries and Illnesses are Covered by Workers’ Compensation in Columbia?

Workers’ compensation is a type of insurance that most employers are required to carry by law, with very few exceptions. It is a no-fault form of insurance, which means it does not matter who caused an injury, so long as the injury happened during the normal course of the injured workers’ work duties. It covers just about everything from equipment failures to slipping and falling on the way to the bathroom, illnesses from environmental conditions at the office, or a car accident en route to a meeting with a client.

Some specific types of work injuries and illnesses include the following:

• Work-related illnesses due to allergens or harmful substances in the workplace like asbestos, toxic chemicals, and the like
• Work-related injury or workplace accidents
• Work-related repetitive stress injuries like carpal tunnel syndrome

How Do I Determine if My Injury Is Work-Related?

If you were injured doing something for the benefit of your employer, even if it was off-site, or you were in an accident while running an authorized errand for work, you may have a claim. Again, workers’ comp is no-fault, meaning that as long as your injury happened during the normal course of your work duties, you may have a claim. If you are unsure, schedule a free consultation* with a Columbia workers’ compensation lawyer at HawkLaw today.

What to Do After a Workplace Injury in Columbia

Workers’ compensation cases can be complex. It is vital to take the right steps after you get hurt on the job to improve your chances of a successful claim, from reporting the accident to securing the services of a workers’ compensation law firm.

Report Your Injury Immediately

Speak to your manager or supervisor right away. They will take down the details of what happened, and if the accident is not severe enough to require emergency treatment, they will give you a list of medical professionals from which you must choose one. Your employer should then begin the process of submitting your claim.

Seek Medical Treatment

Always get looked over by a healthcare professional right away. If your employer gave you a list of providers to see, always choose one from their list. This is important to your claim. If you need emergency care, go immediately to get treated. Keep any and all medical records and medical bills. You may even be entitled to reimbursement for travel to the doctor as part of your overall medical expenses. Give a copy of the doctor’s report to your employer, and keep a copy for your own files.

Speak to an Experienced Columbia Workers’ Compensation Attorney

An attorney with experience in South Carolina law surrounding the workers’ compensation system can be an important ally. They can help you complete all the paperwork for your South Carolina workers’ compensation claim in a timely fashion and correctly. They can represent you during the process, especially if you get denied and need to fight the insurance company for your workers’ compensation benefits. They can provide legal advice and help you gather all the necessary information to put toward your case for benefits.

Workers’ comp cases are different from other types of personal injury cases because they do not involve negligence. They do carry their own legal issues, which can be frustrating and confusing if you are not familiar with the South Carolina workers’ compensation insurance system. The Columbia workers’ comp lawyers at HawkLaw have years of experience with these issues and will be by your side the whole way. HawkLaw fights to win! Call our law office at 888-HAWKLAW or fill out our online form to request a free consultation* today.

Who Is Eligible for Workers’ Compensation in Columbia?

Most employees are eligible for coverage under SC workers’ compensation law. With very few exceptions, employees at a business with at least four employees should be covered for an on-the-job injury.

Who Is Exempt From Workers’ Comp in Columbia?

The exceptions to SC workers’ compensation coverage are very specific and include the following:

• LLC members
• Partners
• Sole proprietors
• Casual employees with irregular hours
• Employers whose prior year payroll was less than $3,000
• Agricultural employees
• Railroad employees
• Licensed real estate agents who work for a broker
• Federal employees

How Long Do I Have to Sue for Work-Related Injuries in Columbia, South Carolina?

With a few exceptions, you have 90 days from the onset of your illness or injury to notify your employer and file for workers’ comp. Understand that this is not a lawsuit; by accepting a job where you are covered by workers’ compensation, you generally waive the right to sue your employer. Thus, 90 days is simply the statute of limitations to file for workers’ comp benefits.

There are a few exceptions to this 90-day limit. These include:

• You were prevented from reporting your injury due to incapacity.
• You have evidence that your employer knew about the injury before the report.
• You were prevented from informing your supervisor due to third-party deceit or fraud.
• If you have long-term-onset injuries such as repetitive motion injuries like carpal tunnel, you have 90 days after learning that your condition is eligible for compensation.

After notifying your employer, you have two years to file for formal workers’ compensation benefits. It is highly recommended, however, that you apply ASAP because it takes some time for your case to be reviewed, and benefits may be denied. If they are denied, you will need to file an appeal, which can take even longer. This makes it best to always apply sooner rather than later. An experienced workers’ compensation attorney in Columbia can help you take the right steps at the right time.

How Much Money Should I Expect From My Columbia Workers’ Compensation Claim?

When facing a Columbia work injury, the most important question is often, “How much can I expect to receive?” It can be tough to recover from your losses without financial help, especially as your medical costs climb and you cannot work.

If you’ve been injured in a work accident, you may be due compensation for the following losses, depending on your claim type.

• Medical care coverage, including ongoing care like physical therapy
• Compensation for lost income
• Household accommodations, such as wheelchair ramps
• Disability benefits if the illness or injury left you disabled
• Funeral expenses if your loved one died as a result of a work injury or illness

As provided for in Title 42 of the SC Code of Laws, 1976, the maximum weekly compensation rate for workers’ comp is 66 2/3% of your average weekly wage, with a maximum cap equal to the average weekly wage for the state as of the prior fiscal year. This average wage is set by the South Carolina Department of Employment and Workforce. For 2023, the maximum weekly compensation you can get for workplace accidents is $1,035.78.

How Long Can You Draw Workers’ Compensation in Columbia, South Carolina?

The South Carolina Code of Laws also stipulates that you can only draw workers’ compensation for a maximum of 500 weeks. You may, however, be able to draw payments for the rest of your life if you have suffered total permanent disability. Your personal injury lawyer with practice areas in workers’ compensation can provide the legal advice you need to determine if you or a loved one is eligible for ongoing disability payments.

What Compensation Should I Expect From My Columbia Personal Injury Lawsuit?

If you’re filing a personal injury claim, you may also be due benefits for your non-economic damages, not just your financial losses.

• Pain and suffering
• Emotional trauma

For example, if your injury caused chronic pain, you may be owed compensation for that intangible suffering. Your Columbia work injury lawyer can help you find the total value of your specific claim.

Compensation For Injured Columbia Workers

When you’re facing a work injury, the most important detail is often, “How much can I expect to receive?” Often, it can be tough to recover from your losses without financial help, especially as your medical costs climb and you are unable to work.

If you’re filing a personal injury claim, you may also be due benefits for your non-economic damages, not just your financial losses. For example, if your injury caused chronic pain, you may be due compensation for that intangible suffering. Your Columbia work injury lawyer can help you find the total value of your specific claim.

If you’ve been injured in a work accident, you may be due compensation for the following losses, depending on your claim type:

• Medical care coverage
• Compensation for lost income
• Household accommodations, such as wheelchair ramps
• Pain and suffering
• Emotional trauma

Should I File a Personal Injury Lawsuit for My Work Injury?

Before you head to court for your work injury, you must know what claim type you’re dealing with. When you’re injured at work, you file a workers’ comp claim. Your employer should cover these claims, but your employer or their insurance provider may sometimes try to deny your claim.

However, a workers’ comp claim isn’t your only option. If you can’t file for workers’ compensation, you may be able to file a personal injury lawsuit if someone’s carelessness for your safety caused your injury.

Most injured workers in South Carolina cannot sue an employer or coworker for a work injury. By accepting a job where you are covered by workers’ comp, you waive the right to sue for personal injury damages. There may, however, be another at-fault person outside of your work who can be sued for personal injury. For example, if you are involved in a car or truck accident on your way to meet a client, and the car accident was caused by the other driver, you may be able to sue the other driver for personal injury damages, which may amount to more than you would receive under workers’ compensation alone.

In addition, in certain very specific situations, you may be able to file a personal injury lawsuit. These include the following:

• You were exposed to unreasonably dangerous conditions.
• Someone injured you on purpose.
• Your employer failed to maintain the appropriate insurance coverage they were required to keep.
• Someone other than your employer was liable for the injury. The car accident mentioned above is an example of this, as would be a subcontractor causing you to get hurt.

If you are not sure whether you can file a lawsuit for your injury, the personal injury attorneys at HawkLaw can help you decide. Our workplace accident attorneys have extensive experience dealing with personal injury and workplace injury cases. Let us provide legal advice about what claim type is right for you and your financial recovery.

Should I Hire a Columbia Workers’ Compensation Lawyer?

Not only should you hire a Columbia workers’ compensation attorney, but it may be among the most important calls you make. If you or a family member is injured on the job, you deserve benefits. At HawkLaw, we can help determine which insurance policies should pay your claim. We can communicate with the insurance company and represent your interests before the South Carolina Workers’ Compensation Commission and represent you in a settlement or court if needed.

We can estimate your deserved compensation, including the costs of your ongoing medical expenses. We can handle the paperwork so you can focus on recovery. In rare situations where a personal injury case is involved, we can determine liability for the accident, which could involve multiple parties, and estimate the value of pain and suffering.

Put Us to Work on Your Case

At HawkLaw, our attorneys have fought for many people like you who were hurt on the job and may have been unfairly denied benefits. Know that if this happens, it is not necessarily the end of the road. You can fight and challenge workers’ compensation denials, but you may need help from our experienced workers’ comp lawyers.

We represent people from across the state of South Carolina, from Lexington to Richland, Sumter, Orangeburg, and beyond. We have many testimonials from happy clients, and we build trusting attorney-client relationships where we treat every client like a member of our own family. HawkLaw fights to win, and we will fight for you every step of the way.

Contact a Columbia Work Injury Attorney

When you’re hurt in a work accident, recovering from your injuries and returning to the job can feel impossible. You’re injured, suffering, and not getting the compensation you need to recover from your losses.

That’s where a South Carolina lawyer from HawkLaw can help. If you’re unsure what kind of case you’re dealing with or what your claim is worth, you may need help fighting for the compensation you need.

Fortunately, our attorneys offer free consultations* so you know what to expect before you head to court. Your Columbia work injury lawyer can provide guidance and support throughout your claim, ultimately making your financial recovery easier. Schedule your free consult* by calling 1-888-HAWK-LAW (429-5529) or filling out the following online contact form.