Accidents and injuries are an unfortunate reality in every profession. This is especially true in high risk work environments, such as construction, factory work, or truck driving. Accidents in any field may occur as the result of negligence, recklessness, or completely unavoidable circumstances. However, any of these accidents may result in disastrous and even life-threatening injuries. If you were injured while performing your duties at work, you have a right to file a worker’s compensation claim.
Workers’ compensation is an insurance policy that provides medical care and a percentage of wages to injured employees after an accident or illness at work. If you work for a business that has four or more employees, the South Carolina Workers’ Compensation Commission requires your company to carry this type of insurance.
Under South Carolina law, you are eligible for workers’ compensation as either a full-time or part-time employee; however, independent contractors may not qualify. It is important to understand your employer’s workers’ compensation policy, to understand the specifics of who and what their policy will cover after an accident.
Every job has different requirements and safety hazards, which can lead to a serious work-related accident. You may have a valid workers’ compensation claim in a variety of different circumstances, after an accident at work. Some of the most common work-related injuries and illnesses include:
- Cuts and lacerations
- Strains, sprains, and dislocations
- Fractured or broken bones
- Neck and spinal cord injuries
- Traumatic brain injuries
- Toxin exposure illnesses
- Repetitive motion injuries
- Hearing loss
These health concerns may be the result of a single accident at work or due to long-term exposure to your work environment. In either case, a workers’ compensation claim could pay for the medical expenses or lost time from work, as a result of these problems.
Work-related accidents may result in debilitating injuries, which require extensive treatment and rehabilitation to overcome. In the worst-case scenario, a worker may be killed on the job or succumb to a fatal illness. In this situation, surviving family members could be eligible for death benefits to help them pay for funeral and burial costs and other expenses.
Although workers’ compensation will pay for many injuries that occur at work, certain circumstances may prevent you from successfully claiming workers’ compensation. The most common problem that people face, when filing for worker’s compensation, is proving that their injury occurred because of the work they were performing. Your employer may deny your claim in certain situations, such as:
- Self-inflicted injuries
- Stress-based or psychological injuries
- Injuries caused by horseplay or fighting
- Injuries while under the influence of alcohol or drugs
- Injuries during the commute to work
- Injuries during a lunch break
These circumstances can make filing a workers’ compensation claim more difficult, but that does always not mean that you do not have a claim. Many employees fear the repercussions of filing a workers’ compensation. South Carolina is a right-to-work state, meaning that a work contract can easily be ended for many reasons. However, injured workers are protected against severe employer retaliation. While your employer cannot fire you for filing a workers’ compensation, they may reassign you or expect you to return as soon as you have medical approval. Some employers may try to misrepresent your injury, under one of these categories, to avoid paying you the compensation that you need.
If you or a loved one were injured at work, you have a right to file for workers’ compensation benefits. The attorneys at Hammack Law Firm are ready to fight on your behalf, so you can receive the money you need to recover after a serious accident. Contact Hammack Law Firm today at 864-740-8524 for help with your workers’ compensation claim.
Our Client Bill of Rights offers a 30-day unconditional satisfaction guarantee —no costs and no fees. We serve our Greenville clients in all areas of personal injury, including auto and motorcycle accidents, truck accidents, and boating accidents.
To get started with our Greenville personal injury law firm, please simply contact us online or call (864) 766-7108 for a free consultation.
With over 25 years of legal experience, Paul Hammack provides his clients with a level of trial expertise and strategic insight rarely found in personal injury litigation. Having spent the first eight years of his career working within major insurance defense firms across Georgia and South Carolina, Paul gained an intimate understanding of the “other side’s” playbook. This insurance industry background serves as a unique differentiator for his clients; he knows exactly how insurance carriers evaluate risk and what motivates them to pay top dollar for a claim.
In 2008, Paul founded Hammack Law Firm to move away from the “plaintiff mill” model and focus on building personal relationships with those he represents. As a seasoned litigator, he has tried dozens of first-chair cases to verdict, specializing in high-stakes litigation involving catastrophic injuries and complex truck accidents. His dual-state practice allows him to provide aggressive representation across both South Carolina and Georgia, ensuring victims of negligence receive the maximum financial compensation possible regardless of which side of the state line the accident occurred.
Paul’s commitment to excellence is reflected in his record of significant achievements, including a $10 million tractor-trailer wrongful death settlement and a $3.9 million moped-versus-truck recovery. His credentials and bar admissions in both South Carolina and Georgia underscore his deep roots in the regional legal community. Beyond the courtroom, Paul is a dedicated advocate for his local community, contributing his time and resources to organizations such as the United Way, Red Cross, and Hands On Greenville, all while working to make South Carolina a safer place for everyone.
