Have you suffered injuries while working in York, South Carolina? If you’re an employee, you may qualify for workers’ compensation benefits through your employer. Our York workers’ compensation lawyers are here to help you fight the insurance company and maximize your financial award.
For more than four decades, injured workers in York have trusted Elrod Pope Accident & Injury Attorneys to help them secure top-dollar financial awards after on-the-job accidents. As award-winning South Carolina litigators with over 150 years of combined experience, we have a proven ability to help workers secure life-changing benefits packages, settlements, and jury verdicts.
Earn the results you deserve by trusting our top-rated personal injury law firm to fight for you, too. We offer a free consultation. Contact our York law office today or call (803) 902 7399 to speak with our team.
How Our York Personal Injury Attorneys Can Help With Your Claim For Workers’ Compensation Benefits in York, SC
For many workers in York, South Carolina, an on-the-job injury can be catastrophic. It can mean costly medical bills and, perhaps more importantly, time lost at work. Time lost at work can create a financial nightmare for hourly and non-salaried employees. Salaried workers can face the same situation after exhausting PTO.
South Carolina protects its workers by requiring most employers to carry workers’ compensation insurance. Workers’ compensation offers a lifeline to qualifying employees when they get hurt or become ill on the job. However, employers and their insurance companies are often quick to fight claims in the interest of keeping costs down and profits high. That’s where our York personal injury attorneys can help.
At Elrod Pope Accident & Injury Attorneys, we fight for the interests of the workers who put their health and safety on the line every day. When you ask for our help getting workers’ compensation benefits, you can count on us to:
- Determine your eligibility for benefits based on your occupation, employment status, and employer
- Gather relevant evidence and documentation to support your claim for benefits, including medical records, wage statements, and expert testimony
- Help you secure an independent medical examination to demonstrate the severity of your work-related injuries
- Identify other options for recovering compensation to supplement your benefits package, such as a personal injury lawsuit against a liable third party
- File your claim with your employer’s insurance company within the applicable statute of limitations and ensure that all procedural requirements are satisfied
- Represent you during claim-related hearings, appeals, and/or trials, if necessary
Our workers’ compensation attorneys in York will use all of our law firm’s resources in your fight for benefits. We’ll engage in meaningful negotiations with the insurance company, compelling them to consider your claim in good faith and make a fair offer.
If it refuses, we’ll escalate matters to the Workers’ Compensation Commission and do everything we can to secure the maximum award to which you’re entitled under state law.
Don’t worry about the cost of asking for our help. We represent injured workers on a contingency fee basis. We only get paid when we’re successful in getting you benefits.
Your initial case evaluation is absolutely free. Call our York law office to set a time for yours today.
What Types of Accidents and Injuries Does Workers’ Compensation Cover?
In South Carolina, workers’ compensation benefits can be awarded to help employees cope with the consequences of:
- Slip and fall accidents
- Falls from heights
- Construction accidents
- Traumatic brain injuries
- Spinal cord injuries
- Transportation accidents
- Truck accidents
- Agriculture accidents
- Warehouse accidents
- Electrocution accidents
- Amputation injuries
- Burn injuries
- Crushed-by accidents
- Manufacturing accidents
- Aviation accidents
- Aerospace accidents
- Automotive accidents
- Occupational illness or disease
- Wrongful death
Whether you’re a farmer, a truck driver, an office worker, a construction worker, or a nurse, workers’ compensation doesn’t discriminate. Benefits can be awarded as long as you qualify under the requirements established by the state of South Carolina.
Do I Qualify For Workers’ Compensation Benefits?
In South Carolina, you may qualify for workers’ compensation benefits if:
- Your employer is legally required to carry workers’ compensation benefits because they have at least four employees (full-time, part-time, and/or seasonal);
- You sustain injuries or become ill while carrying out tasks or responsibilities within the scope of your employment; AND,
- You’re classified as an employee (not an independent contractor).
Contrary to popular belief, you do not have to get hurt on your employer’s premises to qualify for workers’ compensation benefits. The most important thing is that you suffer injuries in the course of carrying out the responsibilities of your employment.
For instance, you may qualify if you’re injured in a truck accident while transporting materials for your employer during work hours. On the other hand, you likely would not qualify if you got injured in a car accident on your lunch break or while commuting to or from work.
Can I Sue My Employer If I Recover Workers’ Compensation Benefits?
In most cases, the answer is no. Workers’ compensation is a no-fault system. This means you can get compensation regardless of your contribution to your workplace injury. Additionally, in exchange for an accelerated path to monetary benefits, you would waive the right to sue your employer, even if their negligence caused or contributed to your work-related injury.
However, you may be able to sue your employer if they don’t have a workers’ compensation insurance policy (either because they were not required to or ignored state law). Similarly, you may be able to file a lawsuit against them or a third party if your injuries were caused by their intentionally harmful action or grossly negligent conduct.
What Benefits Does Workers’ Compensation Provide?
In South Carolina, qualifying employees can file a claim to recover up to three types of monetary benefits: medical benefits, lost wage benefits, and permanent disability benefits.
Medical Benefits
You’re entitled to compensation for all necessary and reasonable costs of medical treatment and care. This might include hospitalization, surgery, medication, follow-up care, rehabilitation, and chiropractic treatment. However, only care rendered by a plan-approved provider will be covered. As a result, this can limit your ability to choose your doctor and have a say in your treatment plan.
Wage Benefits
Wage benefits fall into two different categories: Temporary Total Disability (TTD) and Temporary Partial Disability (TPD). TTD benefits are available if you’re unable to work in any capacity for a limited time after you get hurt. Benefits equal two-thirds of your average weekly wage (AWW) – typically calculated based on your earnings over the previous 52 weeks up to a state-set limit. up to a state-set limit. TPD benefits are available if you can return to work in a limited capacity. They’re intended to offset the difference between your pre-and-post injury wages.
Permanent Disability
South Carolina defines a total and permanent disability as the “loss of both hands, arms, shoulders, feet, legs, hips, or vision in both eyes or any two thereof.” If you are totally and permanently disabled because of a workplace accident or illness, you can receive wage benefits for up to 500 weeks. If you are “a paraplegic, a quadriplegic, or [have] suffered physical brain damage” at work, you can receive wage benefits for life.
How Long Do I Have to File a Claim For Workers’ Compensation Benefits In York, South Carolina?
You have a limited time to initiate a claim for workers’ compensation benefits after an on-the-job accident in York. The first step involves notifying your employer that you’ve been injured on the job. You have 30 days from the date of your injury to do so. You will lose the right to file a claim if you don’t notify your employer in a timely manner.
Then, you must file your claim for workers’ compensation benefits within two years of the date of your accident. Missing the filing deadline can’t be an option. Reach out to Elrod Pope Accident & Injury Attorneys for immediate legal assistance.
Call Our York Workers’ Compensation Lawyers for a Free Consultation Today
Workers’ compensation can make life easier after an on-the-job accident in York, SC. Unfortunately, the benefits that should be easy to obtain are often hard to get. Don’t let your employer’s workers’ compensation insurance company stand between you and a successful outcome. Trust Elrod Pope Accident & Injury Attorneys to help you navigate the claims process and walk away with the maximum benefits you’re entitled to under South Carolina law.
Our York workers’ compensation lawyers have more than 150 years of combined experience litigating tough cases like yours. We’ve helped our clients recover over $100 million in damages, and now we’re ready to fight for you. Contact our law office to get started. There’s no charge for your initial case evaluation.