North Charleston Workers’ Compensation Lawyer

When Do You Need a Lawyer for a North Charleston Workers’ Comp Claim?

A workers’ compensation attorney can assist you at any stage of the process, including filing your initial claim. But that isn’t always necessary, especially if your injuries are relatively minor and temporary. Some signs that you should consider hiring a workers’ comp lawyer right away include:

• If your workers’ compensation claim is being unreasonably delayed
• If the insurance company or your employer has suggested that the injury doesn’t qualify for workers’ compensation benefits
• If your workers’ compensation claim is denied
• If your claim is approved, but you aren’t receiving the amount of benefits you believe you should be
• If you have a serious injury that will require ongoing medical care
• If the workers’ compensation doctor clears you to return to work when you do not feel medically ready to do so
• If you have suffered a permanent injury
• If you are attempting to settle a claim, or have been offered a settlement

Of course, this isn’t a complete list. Any time you have concerns about your workers’ compensation claim, it’s a good idea to consult a North Charleston workers’ compensation lawyer. It’s also wise to talk to a workers’ compensation lawyer before accepting a settlement, especially if you have suffered a serious or permanent injury. Once you have entered into a settlement you are typically on your own, which may mean you are personally responsible for expensive ongoing or follow-up medical care. This can cause significant financial hardship for someone with long-term injuries, or even make it impossible to get the medical care you need.

Remember that although workers’ compensation was intended to eliminate obstacles for injured workers, workers’ comp insurance carriers operate like any other insurance company. Their profits depend on taking in more in premiums than they pay out in compensation and benefits. So, they have an incentive to find reasons to deny claims, or to minimize the payout on larger claims. You should never rely on the insurance carrier for information about things like whether your injury is covered by workers’ compensation or the value of your claim.

When In Doubt, Get More Information

At The Hartman Law Firm, we offer free consultations to people who have been hurt on the job. A free consultation gives you the opportunity to get an objective assessment of your case and the type of compensation you may be entitled to. There’s never any obligation, so there’s no downside to learning more about your rights and options. On the other hand, entering into a settlement without sufficient information could cause long-term problems for you and your family.

Work Injuries in South Carolina

South Carolina’s rate of on-the-job injuries and deaths is lower than the national average, and lower than in the previous year. Still, there were 28,000 reported work injuries in 2024. 10,900 of those cases required days away from work, and another 6,600 required a job transfer or restrictions on work duties. 103 South Carolina workers died as a result of work-related injuries and illnesses.

Who is Responsible for North Charleston Work Injuries?

If you’ve been injured on the job, you may be worried about lost income and medical bills. Fortunately, under South Carolina law, most injured workers are entitled to medical care and some replacement income until they are able to return to work.

South Carolina workers’ compensation is a no-fault system. That means you will generally be entitled to workers’ compensation benefits even if your employer didn’t do anything wrong. In fact, you can often collect benefits even if the injury was your fault.

The no-fault system is meant to speed up and simplify the process for injured employees to get the medical attention and income they need during their recovery, and to minimize conflict between employers and their workforces. Unfortunately, it doesn’t always work that way–especially if your injuries are serious. That’s because workers’ compensation benefits are paid by insurance companies, and insurance companies don’t like to part with their money.

Workers’ Comp v. Personal Injury Claims in South Carolina

In a workers’ comp case, the injured employee doesn’t have to prove that the employer was negligent, or did anything wrong at all. Injuries are generally covered if they occurred in the course of employment, even if there was nothing the employer could have done to prevent them. That means many workers who could not have received compensation under South Carolina personal injury law have a source of coverage for their medical bills and lost earnings.

There’s a trade-off, though. Workers’ compensation is an exclusive remedy in South Carolina, meaning that the injured person generally can’t sue the employer even if they were negligent. That means the compensation available may be much more limited. For example, the responsible party in a personal injury case might be required to compensate the injured person for intangible losses like pain and suffering. Workers’ compensation doesn’t provide any such benefits. Workers’ compensation won’t even pay for non-medical expenses that may be necessary because of the injury, such as paying someone else to provide child care you are unable to provide on your own.

There are just two situations in which someone injured on the job might be able to recover these additional damages:

• If the employer acted intentionally–a high bar that applies in very few cases–the injured worker may be able to file a lawsuit against them, and
• If a third party not employed by the company was wholly or partly responsible for the injury, a separate personal injury or product liability claim may be available

You can’t double-dip on damages. For example, you can’t take workers’ compensation benefits to replace your wages and then also receive your full wages from a third party. However, you may be able to secure damages from the third party that aren’t available through workers’ compensation, such as the unreimbursed part of your lost wages and costs not covered by workers’ comp.

Third Party Claims after a Work Injury

Some examples of possible third party claims after a work injury include:

• A product liability claim against the manufacture of a defective or unreasonably dangerous piece of equipment used on the job
• A negligence claim against someone who does not work for your employer and contributed to your injury, such as a negligent driver who hit your work vehicle while you were making a delivery

To ensure that you don’t miss out on compensation you may be entitled to, it’s best to work with an attorney who regularly handles both workers’ compensation claims and personal injury cases. That’s because a workers’ compensation lawyer who is also a personal injury lawyer will have the broader knowledge necessary to recognize any possible additional claims, and to pursue those claims on your behalf.

The South Carolina Workers’ Compensation Process

Step One: Notification of Your Work Injury

When you’re injured at work, the first step is to notify your employer of the injury. Technically, South Carolina law allows you up to 90 days to report the injury. But, it would be a very bad idea to delay. Instead, you should report the injury as soon as it happens. If you’ve already been injured and didn’t report the injury right away, do so as soon as possible.

If you wait too long to report your injury, it may be difficult to prove that you hurt yourself at work. Or, your employer and their workers’ compensation carrier may argue that the work accident wasn’t the cause of the medical problems that follow.

Step Two: Initiate Your Workers’ Compensation Claim

Once you’ve notified your employer, they may provide you with Form 50, which is required to initiate a claim. Don’t worry, though–if they don’t provide you with the form, you can download it from the South Carolina Workers’ Compensation Commission. Legally, you have two years to file this form. However, as a practical matter, you’ll generally want to get it filed right away. This form is your request for medical assessment and treatment, and for temporary disability payments if you are unable to work due to your injury. The longer you wait to file, the longer it will be before you can begin collecting compensation.

Step Three: Find Out Whether You Can Return to Work

Depending on your medical condition, you may be cleared to return to work with restrictions or on light duty. If your employer offers work you are medically cleared to perform, you must accept that work or risk losing your benefits. However, if the work is paid at a lower rate or you are only cleared to work part-time, you may still receive partial temporary disability compensation while you work.

Step Four: Receive Benefits or Talk to a Workers’ Compensation Lawyer

If your workers’ compensation claim moves forward smoothly, you’ll begin receiving paid medical care shortly after your claim. If you’re unable to return to work in your previous capacity you should be offered alternative work or paid disability benefits. If that’s not what happens, you should speak with an experienced North Charleston workers’ compensation attorney as soon as possible.

Disability Compensation

The most common type of weekly compensation is temporary total disability (TTD). This is replacement income you receive when you are unable to work while recovering from your work-related injury. The weekly payment is ⅔ of your average weekly income. That number is calculated by determining the average number of hours you work per week and multiplying by your hourly rate. If you perform different duties at different hourly rates, a formula is applied to determine your average weekly earnings.

However, weekly compensation is capped. In 2026, the maximum weekly workers’ compensation benefit is $1,189.94. That means if you earn more than $1,785/week in 2026, you will not receive a full ⅔ of your regular income. There is also a minimum benefit of $75/week.

So, if you work only part time and make less than $112 in an average week, you will receive more than ⅔ of your regular income. These numbers are adjusted annually as of January 1.

You may receive temporary partial disability benefits if you are able to work part-time or in a lower-paying role while you recover. In that case, your compensation will be ⅔ of the difference between your average weekly earnings before the injury and your earnings on restricted duty or reduced hours.

Compensation for Permanent Injuries

If your injuries are permanent, you may receive permanent total disability payments for up to 500 weeks, or about nine years and seven months. But, most people with long-term injuries settle their claims. This is a complicated process in which formulas are applied based on the body parts that were injured and how seriously injured they were.

For example, if you suffer a long-term spinal cord injury and the doctor determines that you are 70% disabled, you are entitled to 70% of 500 weeks of disability pay, or 350 weeks. On the other hand, if your spinal injury is only 40% disabling, that 40% is applied to a lower total number of weeks – 300. So, in that case, you would receive just 120 weeks of compensation.

Different maximum numbers of weeks are assigned for different body parts. And, as you can see from the example above, a slight difference in the workers’ compensation doctor’s disability rating could make a big difference in benefits. You may have to fight for fair compensation.

When negotiating a workers’ compensation settlement, you’ll need to persuade the insurance company that you would be able to demonstrate both the work-related cause of your injury and the nature and extent of your injuries. You may also have to dispute the assessment of the extent of your disability. And, if you can’t reach a fair settlement, you may have to proceed to a hearing, where you’ll have to present evidence to prove each element. The negotiation and hearing processes are best undertaken with the help of an experienced North Charleston workers’ compensation attorney.

Workers’ Compensation Death Benefits

Dependents of a South Carolina worker who died as a result of a work-related injury or illness may be entitled to death benefits equal to 500 weeks of pay at ⅔ of the deceased’s average weekly earnings. There is an additional benefit available for funeral expenses.