Charleston Workers' Compensation Lawyer

Trusted Charleston Personal Injury Attorney

In the state of South Carolina, it is mandatory for employers to provide workers' compensation insurance for their employees in case of a work-related injury. Workers' compensation insurance is a special type of coverage that applies to accidents that occur on the job site either due to a dangerous work condition or someone's negligence. Workers' compensation does not usually differentiate between situations where the victim's own negligence contributed to the accident; rather, it provides coverage for all accidents and to all employees.

Workers' compensation laws are implemented in order to reduce the negative impact of workplace accidents on both employers and their employees. The insurance guarantees a payout to injured workers regardless of fault. In exchange for that guarantee, employees are prohibited from filing personal injury claims against their employers to seek compensation for injuries sustained on the job, thereby protecting the employers from having to face potential lawsuits.

Employers may implement this insurance program either through a private company or they can choose to self-insure. Either way, it is required by law that employees be provided with workers' compensation insurance, no matter how small the business is.

Filing for Workers' Compensation in South Carolina

Workers' compensation benefits include full medical benefits with no time or financial limits for employees, although the employer will select the physicians who oversee their care. If an employee is injured to the extent that he or she is unable to work for an extended period of time, workers' compensation law also provides for disability benefits intended to provide for the employee during the time that they miss work. The type and amount of the insurance depends on how long the employee is unable to work for income and adjusted to a percentage of their wages at the time the accident occurred.

This compensation is available to those rendered temporarily or permanently disabled to continue their original position of work, or work of any nature, because of their injuries and continues for the duration of the disability. A special type of disability insurance applies to those who are partially disabled and unable to perform work to full capacity. This insurance continues for up to 300 weeks after the accident.

There are disability benefits reserved for injury victims that sustained serious disfigurement injuries to their face, head or body if no other compensation is available to them through the actual schedule of their injuries. General physical rehabilitation is also covered by workers' compensation insurance, although the coverage does not include vocation-specific rehabilitation.

In serious cases of workplace accidents that lead to the death of a worker, death benefits are provided by workers' compensation to the family of the deceased. These benefits are based on a percentage of the employee's weekly income but are subject to a cap. However, a minimum payout is provided regardless of the employee's wages. Allowance is also available to cover the cost of funeral and burial services.

Helping You File a Successful Workers' Comp Claim

The process of filing a claim for workers' compensation requires special attention. One small mistake in the application can cause extensive delays in receiving payment. Therefore, it is advisable to acquire the counsel of an attorney experienced in the area of personal injury and workers' compensation to ensure that the claim is successful.

To learn more about how a Charleston workers' comp attorney from our firm can assist you, contact McLeod Law Group, LLC.