Greenville Workers’ Compensation Lawyer

Although it is inevitable that accidents will happen at work, under South Carolina law, employers are still responsible for keeping the workplace safe for all staff members. If you have been hurt on the job, contact Greenville SC Workers' Comp Lawyer David R. Price, Jr., P.A., to learn more about how to file for workers' compensation benefits.
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If you are hurt on the job in South Carolina, you have the right to medical treatment and lost wages under state law. The South Carolina Workers’ Compensation Act protects employees who suffer accidental injuries while working. You do not have to prove your employer did anything wrong to get these benefits.

However, getting your rightful benefits is not always automatic. Insurance companies often try to save money by delaying or denying valid claims. Working with a Greenville workers’ compensation lawyer helps you protect your rights and guarantees you receive the maximum support allowed by law.

The legal team at David R. Price, Jr., P.A. helps injured workers across Greenville County manage the complex claims process. We handle the paperwork, speak with the insurance adjusters, and represent you at hearings so you can focus on healing.

Do You Need a Workers’ Compensation Lawyer in South Carolina?

Not every workers’ compensation case requires a lawyer. If you twisted your ankle and missed a day, but healed fine, you may be able to handle it yourself.

You should talk to a workers’ compensation lawyer in Greenville, SC if any of these happen:

  • The insurer denies your claim or delays your checks.
  • Your employer says the injury did not happen at work.
  • You need surgery, or a doctor says you cannot go back to your old job.
  • You are being pushed to return to work before you are ready.
  • The insurance company offers a settlement and wants you to sign fast.

South Carolina’s workers’ compensation laws create a no-fault system. You do not have to prove your boss did anything wrong to cause your injury. You only have to show the injury happened on the job. That sounds easy, but insurers still fight causation, and they get to control which doctor treats you. Having experienced Greenville workers compensation attorneys on your side balances the playing field and ensures the insurance company treats your case fairly.

Workers’ Compensation Benefits in SC

If you get hurt while working in South Carolina, the state’s workers’ compensation system provides three main types of benefits to make sure you do not lose money while recovering.

  1. First, the insurance company must pay for all your medical care. This includes your visits to the emergency room, doctor appointments, surgeries, and any medicine you need. It is important to know that the insurance company gets to pick which doctor you see, so you must use the doctor they choose if you want them to pay the bills.
  2. Second, you are entitled to money to help replace your lost paycheck. If your doctor says you need to stay home from work for an extended period, you will start getting weekly checks. These checks are usually equal to about two-thirds of the regular pay you made before you got hurt.
  3. Finally, you are entitled to receive an additional payment if your injury causes permanent disability to the injured body part. If your body does not fully heal and you are left with a permanent physical impairment, a doctor will give you an impairment rating. The state uses this rating to determine how much money you should receive to compensate for the permanent injury.

Why Workers’ Compensation Claims Get Denied (and How We Fight Back)

Insurance companies are businesses. Every dollar they pay you is a dollar off their books. Because of this, insurance adjusters look for any reason they can find to turn down your work injury claim. They want to keep their money, so they might say your injury did not actually happen while you were working.

One common reason for a denial is missing the reporting deadline. In South Carolina, you must report your accident to your supervisor within 90 days. If you wait too long, the insurance company can legally refuse to pay for your medical care or missed workdays.

Another trick insurance companies use to deny claims is blaming an old injury. If you hurt your back years ago, the insurance company might claim your current back pain is just an old problem acting up. Insurance companies do this even if your job made the pain much worse or caused a brand-new injury.

We fight back against these wrongful denials by gathering strong evidence for your case. Our team gets copies of your medical records, talks to witnesses who saw the accident, and brings your case to a formal hearing before a judge. We make sure the insurance company treats you fairly and pays the benefits you deserve.

Workplace Injuries & Illnesses We Handle

Different industries present different physical hazards. Greenville has a strong manufacturing, construction, and healthcare workforce, and our legal team handles injuries across all these fields, including:

  • Back, neck, and spine injuries from lifting or falls
  • Crushed hands and amputations at plants in the auto and tire maker industry
  • Repetitive strain from assembly line and warehouse work
  • Falls from ladders, roofs, and scaffolding on construction sites
  • Burns, cuts, and machine accidents
  • Nurse and aide injuries from lifting patients at hospitals
  • Hearing loss, breathing problems, and other job-related illness
  • Truck and delivery driver crashes on Woodruff Road, Laurens Road, I-85, and other busy roads

How Much Is My Workers’ Compensation Case Worth?

The honest answer is that no lawyer can give you a dollar figure on day one. The final financial value relies on four main factors:

  1. Average weekly wage
  2. Cost of future medical care
  3. Body part(s) injured and
  4. Permanent impairment rating(s)

South Carolina law uses a set of formulas to award benefits according to the types and number of body parts that are injured. Once you understand the formulas, you can see what your claim is really worth and spot a lowball offer.

We carefully calculate your average weekly wage, including any overtime pay or bonuses, to ensure your temporary checks are accurate. We also work closely with medical doctors to determine all of the body parts that were injured and project the lifetime cost of any future surgeries or medications you will need.

Areas We Serve

The lawyers at David R. Price, Jr., P.A. help injured workers all over the Greenville area. If you get hurt on the job, our legal team is ready to step in and protect your rights. We know the local neighborhoods and workplaces, which helps us build strong cases for our neighbors.

We serve every part of the city of Greenville. That includes these zip codes: 29601, 29602, 29605, 29606, 29607, 29609, 29611, 29612, 29614, 29615, and 29616.

We also serve the surrounding counties in the Upstate, including, but not limited to, Spartanburg, Anderson, Pickens, Oconee, Laurens, Greenwood, and Abbeville Counties.

No matter which part of the Greenville area or the Upstate you call home, we are here to support you. You can easily reach out to our office to talk about your workplace injury. We will guide you through every step of the legal process.

Why Choose David R. Price, Jr., P.A.?

Our law firm focuses on giving personal attention to every single client. When you hire us, you work directly with local attorneys who know how the South Carolina workers’ compensation system operates. We live and work in South Carolina, so we understand the local community and the challenges you face.

We know the local workers’ compensation system very well, and we understand how South Carolina laws work and how local insurance companies try to avoid paying claims. This local experience helps us build a solid plan to protect your rights.

Our lawyers take over all the difficult tasks for you. We handle the endless phone calls with the insurance company, ensure your doctor bills are paid on time, and build a strong plan to win your case. This allows you to focus all your energy on resting and getting better.

Contact a Greenville Workers’ Compensation Lawyer

If you have been injured at work, deadlines are already running on your claim. The sooner you call, the more we can do. Protect your legal rights by speaking with an experienced Greenville workers compensation lawyer today. Contact David R. Price, Jr., P.A. at 864-271-2636 to schedule a consultation about your case.

FAQ

Below, you’ll find the answers to the most frequently asked questions about Greenville workers compensation:

Can I choose my own doctor for a work injury in South Carolina?

No. Under South Carolina law, your employer or its insurer selects the doctors who will treat you. If you go to your personal doctor without written permission from your insurance company, they may refuse to pay those medical bills.

What should I do if my employer threatens to fire me for filing a claim?

South Carolina Code Section 41-1-80 protects workers from retaliation. It is illegal for an employer to fire you simply because you filed a good-faith workers’ compensation claim. If your employer fires or demotes you for seeking benefits, you can file a separate lawsuit against them for wrongful termination.

How long do I have to file a formal workers’ compensation claim?

While you must report your injury to your employer within 90 days of the accident, you have up to two years from the date of the injury to file a formal claim form (Form 50) with the South Carolina Workers’ Compensation Commission. If you miss this two-year legal deadline, you will most likely lose your right to collect benefits.

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Most Dangerous Industries For Workers

Here in South Carolina, state officials say the construction industry is among worst in terms of yearly workplace deaths. Construction workers, agricultural workers and manufacturing workers all suffer the most deadly accidents. Among nonfatal workplace accidents, a surprising industry takes the lead, at least on a national basis: healthcare professionals. That’s right, according to recent Department of Labor statistics, nurses, orderlies and other medical workers suffer more injuries per capita than do those in the construction or manufacturing industries. These injuries are often the result of being dangerously overworked and understaffed, with too few employees responsible for too many patients.

Common Causes of Workplace Accidents

Some of the most common examples of accidents that lead to workers’ compensation claims in South Carolina are slipping, tripping, chemical exposure, motor vehicle accidents, industrial accidents, equipment malfunction, crush injuries, falls and repetitive motion injuries. Slipping, tripping, chemical exposure, motor vehicle accidents, industrial accidents, equipment malfunction, crush injuries, falls and repetitive motion injuries. It is important to understand that while injuries can happen for a multitude of reasons, the South Carolina Workers’ Compensation Act protects workers injured for any reason, so long as the injury occurred during the course and scope of your employment.

Common Injuries on the Job

Injuries most commonly associated with a South Carolina workers’ compensation case include:

  • Broken bones
  • Sprained muscles
  • Knee, back or shoulder injuries
  • Spinal cord damage
  • Brain injuries
  • Respiratory illnesses
  • Burns
  • Herniated disks
  • And in some cases, psychological damages such as severe depression or anxiety

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Workplace Accidents Resulting in Death

In the most tragic cases, family members can pursue claims for death benefits after losing a loved one in a work-related accident. These death benefit claims can arise if death occurs within two years of an injury or, if the person is on total disability, within six years of an injury. In these cases, the dependents of the employee will receive weekly payments of up to 66 and two-thirds of the employee’s average weekly wage (subject to minimum and maximum levels) for a period of no less than 500 weeks. Additionally, a burial allowance is also provided to grieving family members.

Steps Injured Workers Should Take:

Report the Accident

If you’ve been injured in a South Carolina workplace accident you should report that injury to a supervisor as soon as possible and start considering whether or not you’d like to hire a Greenville workers’ comp lawyer. Though you may not think timing matters, the reality is that it can be crucial and, in some cases, even lead to the denial of a workers’ otherwise valid claim. Delays in reporting create dangerous lags before injured workers are able to see a physician. This can mean symptoms go untreated and that employers have a chance to dispute injury claims, perhaps even denying that the injury took place at work.

The law in South Carolina is clear that injured employees must give notice to their employer at the time of the accident or as soon as possible thereafter. Though timing is of the essence, the Workers’ Compensation Act allows employees up to 90 days to report the accident. This 90-day clock can be extended even further in cases where the patient has suffered debilitating injuries and is unable to communicate with his or her employer.

In some cases, especially those involving repetitive stress injuries, the 90-day clock doesn’t begin ticking until the date at which the employee discovered or could have discovered the condition. This means that anyone who is diagnosed with something like carpal tunnel syndrome has 90 days from the date of diagnosis, not the date at which the earliest wrist injury occurred.

Go to the Doctor

Once you’ve reported the accident to a supervisor you will likely be sent to a doctor selected by your employer. Under South Carolina law, the employer has the right to select the physician. At this early stage it’s important to cooperate and follow instructions given by both your employer and treating physician.

Next Steps

Once you’ve seen a doctor, the next step taken by many injured workers is to contact a skilled Greenville-area workers’ comp lawyer. It is your workers’ compensation lawyer’s job to dive into the details of your case and evaluate not only the extent of your injuries, but also the potential value of your case. Your workers’ comp lawyer will advise you on what steps need to be taken next to ensure your case is put in the best position possible.

File A Workers’ Compensation Claim

In some cases, the employer will report the injury to the state’s Workers’ Compensation Commission. In other cases, the employer may deny the claim and try and sweep the matter to the side. If so, it’s up to you and your workers’ comp lawyer in Greenville to bring the claim. To file the claim, your workers’ comp lawyer will submit what is known as a Form 50. The process of filing and shepherding a workers’ comp case through the state’s bureaucracy can be confusing and highly complex. As a result, it can be relief to rely on the experience of a skilled South Carolina workers’ comp lawyer who has successfully managed other claims in the past, taking one more thing off your already overburdened mind.

An important note about timing: In South Carolina, injured workers are usually required to bring forward workers’ compensation claims within two years of an accident. This timeline differs with repetitive stress injuries or occupational disease cases, such as mesothelioma.

Can Your Employer Punish You for Claiming Workers’ Comp?

No. Let’s be crystal clear about this: an employer is not allowed to fire or punish a worker for filing a workers’ compensation claim, assuming, of course, that worker’s injury was caused by their work. This protection against retaliation extends to cover your colleagues who might be called in to testify in your case. The law says that employers are not able to fire or punish others for testifying in support of an injured co-worker.

Although it is inevitable that accidents will happen at work, under South Carolina law, employers are still responsible for keeping the workplace safe for all staff members. If you have been hurt on the job, contact the workers’ comp lawyers of David R. Price, Jr., P.A., Attorneys at Law in Greenville, SC to learn more about how to file for workers’ compensation benefits.

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At David R. Price, Jr., P.A. we help good people who find themselves in trying circumstances find justice through zealous and determined legal representation. Whether you have been injured in an auto accident, been hurt at work, or been charged with a crime, your case is very important to us. No one will work harder to protect your rights and pursue the very best possible judgment on your behalf.

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Frequently Asked Questions

What does a personal injury lawyer do?

A personal injury lawyer is a licensed professional who helps an injured person with his or her legal case. A personal injury lawyer investigates the situation and evaluates the injured person’s legal options. The lawyer files the claim and acts on their client’s behalf both inside and outside the courtroom. Having a personal injury lawyer means having a trained professional fighting for you in your legal matter.

My case is complex. Can you help me?

Our team is ready for even the most complex cases. Whether it is investigating a complicated legal or factual issue, or presenting your case in court, our team can serve your legal needs.

How do I start a personal injury case?

Often, it is possible to negotiate directly with an insurance company without resorting to a lawsuit, but a case doesn’t formally begin until a claim is filed in court. To start a personal injury case, contact our law offices. We will notify the necessary parties of your claim, and we will draft and file your legal papers to start your case.

Why choose David R. Price, Jr., P.A., Attorneys at Law?

We are proud to handle personal injury cases, wrongful death cases, and other important legal matters for individuals and their families. With our extensive experience, determined advocacy, and personalized representation, we get results for our clients. Contact us for a personalized consultation and begin today.

David R Price Jr, P.A. Attorneys at Law

864-271-2636
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