Injured At Work Or On The Job?
If you have suffered an injury, illness, or death while on the job, you have the legal right to file a Workers' Compensation claim through a Workers' Compensation lawyer to seek medical and monetary benefits for your losses. Workers' Compensation claims, similar to insurance claims, are a request for benefits to cover the losses suffered by you. The attorneys at Yarborough Applegate are experienced and adept at navigating these complex claims and protecting your rights.
In addition to work-related injuries that occur at the workplace during normal work hours, injuries caused during work-sponsored events, lunch hours, and breaks may also be covered under Workers' Compensation benefits. Furthermore, diseases caused by toxic chemicals in the workplace, injuries from machinery, preexisting injuries aggravated by the work environment, slips and falls, and mental or physical injuries caused by work-related stress may also be covered under Workers' Compensation.
Our Charleston, South Carolina job injury law firm is equipped to handle Workers' Compensation cases throughout the State of South Carolina for job injuries resulting from:
- Spine or back injuries
- Brain injuries
- Car accidents
- Dangerous machinery or product defect injuries
- Knee injuries
- Construction accidents
- Slip and falls
- Electrocution, fires or explosions
- Chemical exposure spills or burns
Damages You May Recover
The specific benefits provided under the South Carolina Workers' Compensation Act include payment of medical expenses during the healing period. Generally, any reasonably necessary medical expense will be covered, including surgical, hospital and nursing services, prescription medication, and travel of more than ten miles one way for medical appointments. Under some circumstances, an injured employee can obtain payment of future medical expenses for treatment related to the on-the-job injury, potentially for life.
In addition to medical expenses, the Act provides for payment of disability benefits to those persons injured so seriously they cannot work or are limited in work they can do. The amount of disability compensation received is directly related to the injured employee's gross, or pre-tax, earnings before the injury.
Typically, the disability compensation is two-thirds of the average weekly wage earned by the injured employee with the employer for the 52 weeks immediately prior to the injury, including overtime. The determination of the average weekly wage is of critical importance because it is the basis for most, if not all, compensation paid to the employee.
For those employees unfortunate enough to have sustained a permanent injury, additional disability compensation may be available. In some permanent injury cases, the treating physician may assign a percentage rating to the body part that was injured, equating to a specific dollar amount of compensation based on the employee's average weekly wage and a statutory schedule of benefits. In other cases, the injury may be so severe as to prevent an employee's return to suitable work. In such cases, the injured employee will be entitled to disability compensation for life.
For workers disabled as the result of an on-the-job injury, any return to work can present many legal issues, such as whether the job offered is suitable under South Carolina law. The determination of whether a job is suitable can have life-long consequences for the injured employee. Our attorneys realize how important it is for an injured worker to protect his or her earning capacity. At our law firm, the initial consultation is free
. We are fully committed to caring for the survivors of wrongful death victims.
We Can Help
If you have questions about your rights or wonder if you might have a claim, call us. We offer free initial consultations and are conveniently located in central Mount Pleasant. We help people throughout Charleston and all of South Carolina. For a free consultation, call us today at 843-972-0150 or complete our consultation form.