The South Carolina workers’ comp lawyers at Cummings and Lewis are here to help injured workers. Our team of experienced attorneys is dedicated to ensuring that you receive the medical care and financial compensation you deserve. We understand the physical, emotional, and financial stress that an injury can cause and we want to make sure that you get the support you need during this difficult time.
What is Workers' Comp?
Workers’ compensation is a form of insurance that provides medical coverage and lost wages to employees who get hurt or sick while performing their job duties. It is designed to help employees recover from their injuries while protecting employers from liability in the event of an injury or illness sustained by an employee at work. This type of insurance is required in most states, including South Carolina.
What is Considered a Workers’ Comp Injury?
In South Carolina, workers’ comp covers all injuries or illnesses sustained by an employee that is related to the job. This includes both physical and mental injuries or illnesses, as long as they were caused by workplace conditions or activities. Injuries may include those resulting from:
- Slip-and-fall accidents
- Repetitive motion injuries like carpal tunnel
- Machinery accidents
- Exposure to hazardous materials or conditions
- Psychological injuries due to job-related stress or harassment
Cummings & Lewis is dedicated to fighting for all affected body parts, not just the areas that insurance carriers claim to be related to the accident. We will work with you to get a second opinion on your injuries if necessary. Our team is more than just attorneys – we are your advocates and understanding partners during this difficult time.
South Carolina Workers' Comp Laws
South Carolina Workers’ Compensation law is a state-mandated insurance program system that provides medical care and financial benefits to injured workers who are injured on the job while performing services for their employer at a time and place designated by the employer. These benefits even apply to injured workers who are injured as a result of their own negligence or fault.
These laws also provide benefits for dependents of those workers who are killed because of work-related accidents or illnesses. Generally, employers who employ 4 or more employees in the state of South Carolina must provide workers’ compensation coverage for injured employees.
How Does Workers’ Comp in South Carolina Work?
Under South Carolina law, workers’ compensation is determined by your average weekly wage. The four quarters right before your injury are taken into consideration. If you received a raise during that time, for example, the amount you receive will be based on the number of weeks at your current wage and the number of weeks at your past wage, to get an average. The actual rate of compensation is 66 2/3 percent of that average weekly wage.
MAX
WAGE
Workers’ Comp Maximum Wage
It is important to understand that there is a maximum average weekly wage that the South Carolina Department of Employment and Workforce determines. Even if your actual wage is more than that, you will only receive a percentage of the maximum wage. If you’re working more than one job at the time you have your accident, you can have the wages from all of your jobs compiled and averaged for your weekly rate and compensation rates. This will still need to fall under the maximum wage.
What Does a Workers' Compensation Lawyer Do?
If you have been injured in an accident on the job, a workers comp lawyer can help you navigate the process of filing a claim. That is because there are a few different ways in which the help of an attorney can be beneficial. Many people make a claim for workers comp, only to have it denied. When facing that situation it can help to have an attorney to address that denial. By choosing a Spartanburg worker’s compensation lawyer, you create an opportunity for a more successful outcome to your claim.
How Does an Attorney Maximize Your Workers’ Comp Benefits?
Another common concern is that the medical costs associated with your injuries will not be fully covered. An attorney can also be helpful in making sure that all medical bills that are causally related to your claim are fully paid by the insurance carrier. Additionally, having a lawyer on your side provides you with legal representation to work toward an additional level of compensation. Some specific ways an attorney can help you maximize the value of your claim include:
- Gathering important documentation
- Reviewing case facts
- Filing the right paperwork on time
- Getting your case ready for an appeal
- Making sure your application is complete
- Looking into whether you may have a personal injury case in addition to your workers’ compensation case
When to Hire a Workers’ Comp Lawyer
If you have been injured in a workplace accident and are considering filing a workers’ compensation claim, it’s important to know when the right time is to hire an experienced South Carolina workers’ comp lawyer. While many people try and handle the claims process on their own, this can be risky and potentially lead to mistakes or missed deadlines. A workers’ comp lawyer can help to ensure that you get the full and fair compensation you deserve.
Workers’ Comp Lawyers in Spartanburg, SC
With over 40 years of combined experience, the attorneys at Cummings & Lewis are experienced in handling workers’ compensation cases and the intricate issues that these cases present. We can help you get the compensation you deserve if you have been injured on the job. Whether your injury was caused by an accident, a fall, or overexertion, our experienced attorneys are by your side every step of the way. Contact us to schedule your free consultation below or call (864) 573-9688.
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SC Workers' Comp FAQ
The length of time it takes to settle a workers’ compensation claim varies from case to case. In some instances, the entire process can be resolved in a matter of weeks or even days. In other cases, it can take several months for all parties to reach an agreement and complete the necessary paperwork. It is important to consult with an experienced South Carolina workers’ compensation lawyer to ensure that you are aware of all deadlines and other important requirements.
In South Carolina, the maximum amount of time an employee can receive workers’ compensation benefits is 500 weeks in most cases. However, this amount can vary depending on the nature and severity of your injury. In some instances, you may be able to receive additional benefits if your disability is expected to be permanent.
When you make an appointment with a workers’ compensation lawyer, you’ll want to bring proof of the injury, any correspondence about that injury from your employer or their insurance company, and your medical records. Make sure you see a doctor and follow their orders and recommendations, so you have a stronger chance of fair and just compensation for your claim. A workers’ compensation attorney is there to help you, and when you provide more information that help can be easier to provide.