Suffered an Injury? Max can Help
Charleston Work Injury Lawyer
What is Workers’ Compensation?
Although there is no overarching federal workers’ compensation law, every state in America has a workers’ compensation system. Workers’ compensation refers to a program that provides financial benefits to employees who suffer job-related injuries or illnesses. For the most part, an injured worker can receive workers’ compensation benefits automatically, without having to prove an employer’s negligence. In return, the employee gives up his or her right to file a personal injury claim against the employer.
The state workers’ comp system will repay an injured employee the costs of all necessary medical treatment after a workplace accident. If an injury or illness results in more than seven days of missed work, the employee will receive 66.66% of his/her average weekly wage, up to a maximum amount. Workers can also receive compensation for permanent disabilities or disfigurement. The maximum award for death or total disability is 500 weeks of compensation. Lifetime benefits are available in cases of brain injury, paraplegia, and quadriplegia.
Charleston Work Accident Resources
- How A Charleston Workers Compensation Lawyer Can Help Your Case
- Am I Eligible for Workers Compensation Benefits?
- How Do Third-Party Claims Work?
- What Are the Most Common Workplace Accidents?
- South Carolina Work Injury Statistics
- How is the Compensation Rate Determined?
- How to Contact Max Sparwasser
Why Do I Need a Charleston Work Injury Attorney?
If you suffered a serious work injury such as a broken bone, spine injury, or traumatic brain injury, you need an attorney. A work injury lawyer is also beneficial if you have a preexisting injury that affects the same part of your body if your employer is denying that your injury happened at work, or if the insurance company has wrongfully denied your claim. In accidents that involve negligence on the part of your employer, coworker, product manufacturer, or other parties, a Charleston workers’ compensation attorney might be able to get more for you with a civil claim.
The moment your workers’ compensation claim encounters any type of complexity, talk to a lawyer that specialized in work injuries. Otherwise, you could suffer due to an unnecessarily delayed or denied claim, a benefit award that doesn’t fully cover your losses or retaliation from your boss for filing the claim. Our experienced Charleston workers’ compensation lawyer will be by your side, ensuring no one steps on your rights or treats you unfairly. You’ll have your own personal confidant and legal counselor with you from the beginning to the end of your claim at the Max Sparwasser Law Firm, LLC.
All too often, a workers’ compensation insurance company will stop at nothing to avoid paying injured employees what they actually deserve. During settlement negotiations, you need a skilled lawyer navigating the law, helping prove your losses, and demanding fair financial recovery. We can draft your settlement agreement to minimize any offsets to your Social Security disability benefits; as well as protect your rights through other aspects of your claim.
Who is Eligible to Receive Workers’ Compensation Benefits?
In South Carolina, most employees who suffer any type of injury or illness while performing work-related tasks are eligible for workers’ compensation benefits. An employee does not have to prove someone else’s fault to qualify for benefits. The employee must only show that the injury/illness in question occurred at work or because of a work-related activity.
Unfortunately, some employees will never qualify for workers’ compensation due to state restrictions. The SC State Workers’ Compensation Act covers all employers and employees in the state, with the following exceptions: federal employees, businesses with three or fewer employees, casual employees, railroad/railway employees and companies, agricultural employees, certain realtors, and corporate officers. Employers under the act must maintain at least the required minimum amounts of workers’ comp insurance. Contact our firm after suffering a work-related injury.
Third-Party Claims Work Injuries
In South Carolina’s workers’ compensation system, an injured employee trades their right to sue an employer for no-fault insurance benefits. There remains, however, an opportunity to file a third-party lawsuit if someone other than the employer is guilty of negligence. A third-party lawsuit on top of workers’ compensation benefits can yield additional compensation, such as pain and suffering, mental anguish, and loss of enjoyment of life.
If a reckless, careless, or negligent third party caused or contributed to your workplace incident talk to our Charleston work injury attorneys as soon as possible. You might have grounds to file a civil claim against the third party on top of filing a workers’ compensation claim. For example, if you were working on a Charleston roadway and a distracted driver struck you then you can file a personal injury claim against the third-party driver as well as a workers’ compensation claim with your employer’s insurer.
Common Workplace Accidents in Charleston
Annual reviews of national workers’ compensation claims show that the most common workplace accident types are transportation accidents; slips, trips, and falls; electrical incidents; manual labor; struck-by objects; and exposure to harmful chemicals or materials. While the most frequent accidents at your job will depend upon the industry and type of work, these incidents can happen in most workplaces. The most common work-related injuries and illnesses include:
- Broken bones
- Soft-tissue injuries
- Repetitive motion strain injuries
- Head and brain injuries
- Spinal cord injuries
- Accidental poisoning
The Max Sparwasser Law Firm, LLC can help with your claim regardless of accident or injury type.
South Carolina’s Workplace Compensation Claim Statistics
In 2016, there were 32,800 nonfatal occupational injuries and illnesses in private industries (a rate of 2.5 cases per 100 employees). Of these incidents, 18,700 resulted in days away from work and 8,800 caused job transfer or job restriction. Workplace accidents can happen anywhere, at any time; however, employer negligence significantly increases the risk of injury. Some of the biggest employers in South Carolina have participated in workers’ compensation claims, including:
- BMW Manufacturing Company
- Boeing Company
- Volvo
- Robert Bosch Corporation
- Kapstone
- College of Charleston
- Roper Hospital
- Medical University of South Carolina
The industry with the greatest number of workers’ compensation claims in 2016 was “trade, transportation, and utilities” with 9,300 claims. Second place was “local government” with 8,600, followed by “manufacturing” with 6,800. Skin disorders, hearing damage, and respiratory illnesses accounted for 39% of all workplace illnesses in South Carolina. No matter what type of accident you suffered or who your employer is, talk to one of our attorneys about your Charleston work injury claim today.
How Does the Commission Determine Compensation Rates?
The amount of financial compensation you receive after a workplace injury or illness can determine your future. Failing to receive enough could lead to out-of-pocket medical costs, financial problems from lost wages, and a lifetime of lost earning capacity from being unable to return to work. While each claim is unique and will have a different value, the South Carolina Workers’ Compensation Commission consistently grants the following awards:
- Medical costs. 100% of accident-related medical bills. This includes past and future hospital stays, doctor’s appointments, operations, medications, medical devices, and rehabilitative costs.
- Disability (lost wage) benefits. Temporary or permanent disability benefits equal to 66.66% of what you were earning prior to the accident, up to the state’s weekly maximum. The current maximum weekly compensation rate in SC is $838.21.
In South Carolina, injured workers should receive checks on a weekly basis until he or she has fully recovered and returns to work. Working with a lawyer on your workers’ compensation claim can help ensure you receive the most money possible for your work injuries.
When to Call the Max Sparwasser Law Firm, LLC
The Max Sparwasser Law Firm, LLC understands the ins and outs of South Carolina’s workers’ compensation system. Max Sparwasser and his dedicated team have spent years developing their practice. With us, you won’t have to worry about any aspect of your claim. We’ll help you with important filing guidelines and deadlines, speak to your employer or employer’s insurance company on your behalf, and stand up for your rights.
If you’re dealing with catastrophic injuries, insurance bad faith, or employer retaliation after a workplace accident in Charleston, contact one of our work injury lawyers and request a free case evaluation. Our staff will speak with you in depth about your particular case at no cost or obligation to hire our firm.
Once you understand your rights by law, you can use our services to fight for the compensation your injuries demand. We will help you every step of the way for the best possible experience and outcome. Call (843) 864-6444 to talk to an attorney today.
“I was involved in a work-related accident in August of 2012. It’s was a very stressful and terrifying experience. The Max Sparwasser Law Firm stayed in contact with me and helped me around every turn. Their professionalism and compassion made this whole experience painless. They are an incredible firm that is dedicated to the client. I would highly recommend them to anyone that is in need of legal counsel. Thank you for all your unwavering hard work and dedication to my case. You truly are an incredible attorney.”
-J. Rush