Rock Hill Workers’ Compensation Lawyer

If you were injured on the job or suffering from a work-related illness in Rock Hill, SC, you deserve to understand your legal options. The South Carolina workers’ compensation system provides important financial assistance for injured workers. However, getting the full compensation you deserve isn’t always as easy as it should be. 

An experienced Rock Hill workers’ compensation lawyer at Elrod Pope Accident & Injury Attorneys can help you fight to recover fair compensation for medical bills, lost wages, and more. We’ve been working hard for clients like you since we opened our doors back in 1980. 

We know how to get the fair compensation you need and deserve. Just contact our law offices in Rock Hill, South Carolina, or call (803) 324 7574 to schedule a free consultation today.

How Can Elrod Pope Accident & Injury Attorneys Help After a Workplace Accident in Rock Hill, SC?

How Can Elrod Pope Law Firm, P.A. Help After a Workplace Accident in Rock Hill, SC?

As an injured worker, you count on workers’ comp to provide a safety network when you’re hurt at work. Unfortunately, the workers’ compensation system is rarely simple. 

You won’t automatically receive the benefits you deserve. The insurance company might undervalue your claim. Your employer might claim your injuries aren’t work-related. An experienced Rock Hill personal injury attorney can help.

At Elrod Pope Accident & Injury Attorneys, we have years of experience fighting for clients in situations like yours.

Hiring our team gives you a lawyer who will:

  • File your claim for workers’ compensation
  • Defend you if your claim is denied or undervalued
  • Determine the full value of your workers’ comp benefits
  • Represent you at any hearings or mediation sessions
  • Protect you if your doctor pushes you to return to work before you’re ready
  • Assess your rights under state personal injury law

There isn’t any risk to contacting a lawyer for legal assistance. Call today to schedule your free consultation with an experienced Rock Hill personal injury lawyer.

In 2021 alone, private employers in South Carolina reported about 30,300 non-fatal workplace injuries to the Bureau of Labor Statistics (BLS). Another 107 South Carolina workers were killed on the job that year.

In 2022, 58,327 workplace accidents were reported to the South Carolina Workers’ Compensation Commission. According to their reports, 26,853 of those accidents resulted in injuries that were serious enough to require the worker to miss time at work.

What Is Workers’ Compensation?

Workers’ compensation is a no-fault system that provides benefits to injured workers in South Carolina. Under South Carolina workers’ compensation laws, nearly all employers in South Carolina are required to purchase workers’ compensation insurance.

Very few employers are exempt from the law. 

However, your employer may be exempt if:

  • They have fewer than five employees
  • Their annual payroll costs are less than $3,000
  • The employ only exempt agricultural workers or railroad employees

Employees who are injured on the job or develop work-related illnesses are entitled to benefits regardless of whether their employer was responsible for those injuries. In exchange, the injured employee gives up the right to sue their employer for damages under state personal injury laws.

Do I Qualify for Workers’ Compensation Benefits?

Most injured employees in South Carolina qualify for workers’ comp.

You will qualify for workers’ comp benefits if:

  • You were an employee
  • Your injuries were sustained in the course of your work
  • You were not intoxicated or under the influence of drugs when your accident happened
  • Your injuries were not intentional

It’s important to remember that you don’t have to prove that your injuries happened at the job site. If you sustained injuries while performing work-related duties, you can qualify for benefits even if you weren’t actually in the workplace.

If you have questions about your right to benefits, call our lawyers in Rock Hill today. We can help you understand your legal rights and options.

What Is My Rock Hill Workers’ Compensation Case Worth?

The South Carolina Workers’ Compensation Commission paid over $900.8 million in workers’ compensation claims statewide during 2022. That said, every workers’ compensation case is different. The amount you receive will depend on your unique situation.

The value of your specific workers’ compensation claim will depend on:

  • Your average weekly wages prior to the disability
  • Whether you can keep working during recovery and earn some income
  • The length of your recovery period 
  • The cost of your medical treatment
  • Whether your disability is temporary or permanent
  • Any reduction in your earning capacity after you reach maximum medical improvement (MMI)

If you’re completely unable to work during recovery, your weekly check will be 66 2/3% of your average weekly wages for the four quarters prior to the work injury injury. However, your benefits are also subject to a statewide cap. You cannot receive more than $1,035.78 per week in 2023, regardless of your prior earnings.

What Types of Workers’ Compensation Benefits Are Available to Workplace Accident Victims in South Carolina?

The primary types of workers’ compensation benefits in South Carolina are:

  • Medical expenses
  • Disability benefits
  • Vocational rehabilitation 
  • Death benefits

The exact benefits you will receive depend on the nature of your disability.

Medical Benefits

Workers’ compensation should cover all of your reasonable and necessary medical expenses.

Workers’ compensation will cover all medical bills incurred in an emergency. However, your employer must approve your doctor for follow-up care. If you see a doctor who has not been approved by your employer, workers’ compensation may not cover your medical bills.

Wage Replacement Benefits

Depending on the nature of your injuries, you may be entitled to benefits for:

  • Temporary total disability
  • Temporary partial disability
  • Permanent total disability
  • Permanent partial disability

If your doctor says that you can work with some restrictions, you must return to work if your employer accommodates those restrictions. However, you are entitled to workers’ comp benefits that cover 66 ⅔% of the difference between your wages prior to the accident and your wages after the accident.

Vocational Rehabilitation

If you cannot return to the same line of work that you performed prior to the disability, you may be entitled to vocational rehabilitation benefits. These benefits allow you to train for a new job or modifications to your old job.

Death Benefits

If your family member died because of a workplace injury or illness, you may be entitled to death benefits. Death benefits include funeral and burial costs, as well as wage replacement benefits.

Can I Sue My Employer for Additional Damages?

You give up your right to sue your employer in exchange for workers’ compensation benefits. However, you may be entitled to sue a responsible third party for additional damages.

You may have a valid personal injury lawsuit if your injury was caused by a:

  • Negligent driver in a car accident
  • Property owner who didn’t maintain their premises
  • General contractor
  • Manufacturer of defective work equipment

If you have a valid personal injury claim, you can seek compensation for your non-economic losses in addition to your financial costs. For example, you may be entitled to compensation for pain and suffering, emotional distress, and diminished quality of life.

Our Rock Hill Workers’ Compensation Attorneys Will Fight To Recover Compensation for All of Your Injuries

A serious workplace injury can impact your ability to earn a living for days or even months. 

At Elrod Pope Accident & Injury Attorneys, we often represent injured employees who have suffered all types of injury, including:

  • Broken bones
  • Back injuries
  • Head and neck injuries
  • Soft tissue damage
  • Traumatic brain injuries
  • Spinal cord injuries
  • Repetitive stress injuries
  • Concussions
  • Crushing injuries
  • Chest injuries
  • Organ damage
  • Burns
  • Lung damage
  • Amputations
  • Paralysis
  • Catastrophic injuries
  • Wrongful death of a loved one

If you were hurt on the job, call our team today to learn more about your legal right to workers’ compensation benefits.

We Handle All Types of Workers’ Compensation Cases in South Carolina

At Elrod Pope Accident & Injury Attorneys, we handle all types of workers’ compensation claims, including:

  • Construction site accidents
  • Electrocution and electric shock
  • Lack of proper safety equipment or fall protection
  • Defective work equipment and tools
  • Crane and forklift accidents
  • Exposure to toxic substances
  • Slip and fall accidents
  • Repetitive stress injuries
  • heavy lifting accidents
  • Car accidents
  • Trucking accidents
  • Scaffolding accidents
  • Falls from heights

If you were injured on the job, don’t hesitate to reach out to our Rock Hill workers’ compensation attorneys to learn more about your right to compensation today.

How Long Do I Have To File a Claim for Workers’ Compensation After Suffering a Disability in South Carolina?

You must file a report with your employer within 90 days of the injury. If you wait longer than 90 days, you risk losing your right to workers’ compensation benefits.

Under state personal injury laws, you have three years from the date of the injury to file a lawsuit.

There are exceptions to these deadlines in some cases; we recommend contacting our law firm as soon as possible to protect your legal rights.

Contact a Rock Hill Workers’ Compensation Lawyer for a Free Consultation

Do you have questions about your legal rights after a workplace accident? Our Rock Hill workers’ compensation lawyer can help you get answers. Contact Elrod Pope Accident & Injury Attorneys to schedule a free case review today.

Our Personal Injury law firm in Rock Hill also provides: