Charleston Work Injury Attorney

Did you recently get hurt on the job in South Carolina? If so, you need an advocate who is willing to fight for your rights and secure the recovery you are owed. That’s what you can expect from Joe Cunningham.

As a former U.S. Congressman for South Carolina’s 1st District, Joe garnered a reputation for his “people-first” approach to legislation. Today, he brings that same dedication and commitment to his work as a private attorney representing local individuals facing the daunting and confusing world of personal injury and workers’ compensation law.

Joe Cunningham Law is here to provide straightforward advice, keep you updated about the progress of your case, and stand strong against insurers that refuse to act in good faith. If a work injury has impacted you or someone close to you, you don’t need to bear the resulting physical, emotional, and financial hardships on your own.

Reach out today for a free, no-obligation case review with a Charleston work injury lawyer. There are no fees unless Joe resolves your case, so you risk nothing by choosing him as your advocate.

What Are Common Types of Workplace Injuries in South Carolina?

Many occupational injuries can arise in any workplace, though some injuries are more common than others across industries. Whether due to sudden accidents or chronic, work-related strain, these injuries can significantly impair working ability and quality of life.

Common types of workplace injuries in South Carolina include the following:

Slips, trips, and falls
Pulled muscles
Repetitive strain injuries
Cuts and lacerations
Injuries from falling objects
Vehicle-related accidents
Injuries from machinery
Burn injuries
Electric shocks and electrocutions
Hearing loss

Vision impairment
Respiratory diseases
Chemical exposure
Construction site injuries
Workplace violence injuries
Fractures and dislocations
Back and spinal cord injuries
Traumatic brain injuries
Crush injuries
Occupational diseases

What’s the Difference Between a Workers’ Compensation Claim and a Third-Party Claim?

Workers’ compensation claims and third-party injury claims are two distinct types of claims injured parties can pursue following occupational injuries.

A workers’ compensation claim is a claim against your employer’s workers’ compensation insurance. Workers’ comp insurance is a no-fault system, meaning you can recover benefits regardless of who was at fault for your injury or illness. Workers’ comp benefits typically pay for your medical expenses, replace a portion of any lost income, and compensate you for permanent disabilities.

A third-party claim, on the other hand, is a claim against a party other than your employer (a “third party”) who is liable for your injury. This could include an equipment manufacturer, an at-fault driver, or a property owner. Unlike in a workers’ compensation claim, in a third-party claim, you must prove that the third party was responsible for the harm you suffered. If successful, you could be entitled to compensation for a broader range of losses, such as the full value of your lost income and subjective losses like pain and suffering.

Can I File a Third-Party Claim While Receiving Workers’ Compensation?

Yes, it’s possible to file a third-party claim while you are receiving workers’ compensation in South Carolina. If someone other than your employer or a co-worker is liable for your injury, you could file a third-party claim against them. However, these claims are often complex, and a third-party settlement could affect your workers’ compensation benefits, so it’s wise to consult an experienced work injury lawyer in Charleston, SC, before proceeding.

Can I Sue My Employer for a Work Injury?

It depends. South Carolina law says you generally cannot sue your employer for a work injury if they provide workers’ compensation insurance. There are some exceptions, such as when an employer intentionally causes harm to an employee or fails to provide coverage as required by law. But these cases are rare and demand a high burden of proof.

You should consult a lawyer if you believe you got hurt due to your employer’s intentional or grossly negligent behavior, or if your employer does not have workers’ compensation insurance.

What Are Common Third-Party Work Injury Cases?

Most work injuries involve workers’ compensation claims with an employer, but there are also instances where third parties are liable for workplace accidents. These third-party work injury cases can arise due to a variety of scenarios, such as:

Faulty equipment or machinery accidents
Negligent property maintenance incidents
Injuries caused by contractors or subcontractors
Product liability (defective product) incidents
Toxic exposure to harmful substances or environments
Construction site accidents involving multiple companies
Injuries caused by non-employees (e.g., clients, customers)
Traffic accidents involving third parties

Slips, trips, and falls on other parties’ properties
Accidents involving leased or rented equipment
Incidents resulting from cleaning or maintenance company negligence
Fires or explosions due to third-party negligence
Injuries resulting from security company negligence
Accidents due to poor road conditions
Accidents due to faulty building designs or structures

Do I Need to Hire an Attorney After a Job Injury?

While every situation is unique, it’s generally advisable to consult with an attorney after a job injury in South Carolina. Workers’ compensation cases can quickly become complicated, especially if there’s any dispute about the injury, its connection to your work, or the extent of your medical needs and potential disability benefits.

Even in what seems like a straightforward case, you could benefit from the advice of an attorney who understands the intricacies of workers’ compensation law. If your employer disputes your claim or the insurance company denies benefits you believe you’re entitled to, having legal representation becomes even more crucial. In addition, a Charleston work injury attorney will know how to prove a third party was negligent.

Benefits of Hiring a Charleston, SC, Work Injury Attorney

Retaining the services of a seasoned attorney after a work injury offers numerous advantages, especially when you hire a local one who understands South Carolina’s laws and court systems.

A knowledgeable Charleston, South Carolina, work injury attorney could help you by:

Investigating the circumstances surrounding the work injury
Accurately calculating the value of your work injury claim
Gathering evidence and witness statements to support your claim
Identifying all potential sources of compensation for your losses
Determining whether you have grounds for a third-party injury claim
Handling all necessary paperwork and meeting deadlines for your claim

Preparing a strong case to recover maximum compensation on your behalf
Skillfully negotiating with insurance companies on your behalf
Anticipating and countering potential defenses by employers or insurers
Handling the appeals process if your workers’ compensation claim is denied
Assessing potential settlement offers to ensure they meet your needs
Taking your case to trial and representing you in court, if necessary

What Does South Carolina Workers’ Compensation Cover?

In South Carolina, workers’ compensation benefits are designed to provide assistance for those who have been injured or become ill due to their job. A wide range of employees, from construction workers to office staff, can qualify for these benefits if their injuries or illnesses are job-related.

Eligibility for workers’ compensation doesn’t depend on who is at fault for the injury or illness. This no-fault system is intended to protect workers and provide them with necessary financial support, regardless of the circumstances of their injury or illness.

Here are the main types of benefits that qualifying employees can receive under South Carolina’s workers’ compensation laws:

Medical Benefits

Workers who get hurt on the job are entitled to coverage for all reasonably necessary medical treatments related to their injuries. Employers and their insurance carriers generally have the right to choose their employees’ healthcare providers, except in case of emergencies.

Temporary Total Disability (TTD) Benefits

If a worker cannot work while recovering from a work injury, they are typically entitled to TTD benefits. Benefit payments equal up to two-thirds of the worker’s average weekly wage but cannot exceed statewide maximum weekly rates.

Temporary Partial Disability (TPD) Benefits

If a worker can return to work but can’t earn as much as they could before the injury, they can usually receive TPD benefits. These benefits are calculated as two-thirds of the difference between the worker’s average weekly wage before the injury and their earning capacity after the injury, up to statewide maximums.

Permanent Partial Disability (PPD) Benefits

If a worker has a permanent disability but can still work in some capacity, they could claim PPD benefits. The amount of these benefits depends on the nature and extent of the disability, based on a statutory schedule for specific body parts.

Permanent Total Disability (PTD) Benefits

If a worker is permanently and totally disabled from work, they could be entitled to PTD benefits. These benefits are generally the same amount as TTD benefits but can continue for the rest of the worker’s lifetime in certain cases.

Death Benefits

If a worker dies due to a work-related injury or illness, the worker’s dependents could receive death benefits. These benefits might cover two-thirds of the worker’s average weekly wage but cannot exceed the maximum weekly compensation rate set by law. Dependents can receive these benefits for up to 500 weeks, plus a limited amount for burial expenses.

Get Started on Your Claim Today

843-633-3360 Schedule a Free Consultation

Contact a Work Injury Lawyer in Charleston, SC, Today

Ready to speak with a knowledgeable local lawyer about your Charleston work injury claim? Contact Joe Cunningham Law now to get started with your free, no-obligation consultation and case review.

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