Workers' Compensation Lawyers in Myrtle Beach
A workplace injury can leave you not only facing serious pain and life hardships but also concerned about how you'll earn your normal income. During this challenging time, you shouldn't have to deal with the red tape on your own. Let a Myrtle Beach workers' compensation attorney on our team help you navigate your options.
At Morris Law Accident Injury Lawyers, we know how to help injured workers seek the benefits they need. We can assist you with filing your claim, review all the paperwork, and represent you whether your claim is accepted or denied. Get a free case review today to understand how we can help you move forward.
Why Choose Morris Law Accident Injury Lawyers for Help With Your Workers' Compensation Case?
We know that dealing with a workers' compensation case can be overwhelming for workers trying to treat their injuries and get through the day. We want to help you through this challenging time.
At Morris Law Accident Injury Lawyers, we deliver the highest level of client service and case results. We get back to you when you call and ensure you understand all your options. Your initial case review is free and comes with no obligation. What's more, we work based on contingency fees, so you owe us nothing unless we get results for you. That means no upfront or out-of-pocket payments.
Testimonials From Past Clients
When our past clients talk about their experience at Morris Law Accident Injury Lawyers, they're highly satisfied — as our 5.0-star rating in Google Reviews can attest.
They often say:
- We handled their case efficiently and professionally.
- We kept them informed and updated throughout the process.
- We offer a knowledgeable, honest perspective on our clients' legal concerns.
Our team stands ready to offer you the same level of service.
Types of Benefits You Could Receive From a Workers' Compensation Claim
One of the first things we can do is walk through all the benefits you could receive from a workers' compensation claim.
The workers' compensation system in South Carolina allows injured workers to recuperate various losses, including the cost of medical treatment and more. Depending on your case's details, you could receive:
- Medical benefits. Workers' compensation insurance may cover many types of medical bills for care related to your injury, including surgery, prescriptions, prosthetics, medical supplies, hospitalization, and more. You could also receive coverage for travel expenses to get to your doctor's appointments.
- Temporary disability. These benefits kick in once you're out of work for seven days, and payments begin on the eighth day that you're out of work. However, if you miss work for more than two weeks (14 days), you have a right to collect compensation for the first week you could not work. Workers receive partial wage payments for temporary disability.
- Temporary total disability. Some workers cannot work at all following their injury. If you face this situation, you could receive ⅔ of the amount you earned before your injury-and benefits could last until you reach maximum medical improvement (MMI). So, if you made $1,200 a week previously, you could receive about $800 per week from temporary total benefits. The insurance carrier will calculate this for you with an admitted claim, even though it is your responsibility as the injured party to verify and (prove) it is correct. The way an insurance company will calculate the compensation rate is by taking your average weekly gross wage (AWW) and multiplying it by .6667. In the example above, the insurance carrier would take $1,200.00 x .6667 and pay the injured party $800.04 per week.
- Temporary partial disability. These benefits apply if you can do some of your normal job tasks but at a limited capacity. Workers can receive payments amounting to ⅔ of the difference between their previous and current earnings. For instance, if you now make $300 per week less than you did before you were injured, you can receive $199.80 per week in temporary partial benefits.
- Permanent disability. If you reach maximum medical improvement (MMI) yet still cannot return to work, your doctor may confirm that you face permanent impairing injuries. The amount you receive for a permanent disability depends on your previous earnings and how seriously you were hurt. You can receive permanent disability payments for a maximum of 500 weeks for most injuries. However, certain injuries, such as permanent brain injuries and quadriplegia, do not contain a 500-week maximum.
Once our Myrtle Beach injury attorneys evaluate your case, we can give you a better sense of how much you could receive in income replacement benefits. We can also clarify what medical expenses should be covered.
When You Lose a Loved One to a Workplace Injury
We also work with families who lost a loved one to their injuries. Our wrongful death attorneys can support you through every step and explain your rights to benefits. Qualifying family members could receive death benefits, which include ⅔ of the worker's former earnings for up to 500 weeks, per S.C. Code 42-9-290.
The family can also receive reimbursement for funeral and burial expenses for up to $12,000.
Unlike a wrongful death case, personal injury case, or auto accident case, our attorneys are capped with a $2,500.00 fee plus costs in an admitted work accident death claim.
How Our Myrtle Beach Workers' Compensation Attorneys Can Help You
When you work with our attorneys, you don't have to let the workers' compensation system intimidate you. We know how to help you navigate the entire process of a workers' compensation claim.
Our Myrtle Beach lawyers can:
- Protect your rights
- Explain the step-by-step process of seeking benefits
- Review and submit important paperwork for your claim
- Explain reasons why you may face a denial
- Help you appeal a decision after a denial
- Assist you with a third-party lawsuit if you qualify to file a suit
Morris Law Accident Injury Lawyers could help you with legal tasks beyond those listed here.
Read on to learn more about the top reasons to work with a lawyer from our team.
We Can Fight Your Denial
It can feel discouraging to receive a denial after filing for benefits. You may urgently need compensation and not understand why you got a rejection.
Many workers' compensation claims initially get denied.
The South Carolina Workers' Compensation Commission (SCWCC) has strict requirements to qualify for workers' compensation, including:
- Timelines for filing your claim (you have 90 days to report your injury to the employer and 2 years to file your case with the South Carolina Workers Compensation Commission)
- Forms and supporting documents that must accompany your application
- Doctors you must work with
Often, we see that these claims get denied because of a form mistake or inadequate supporting documentation of a worker's injuries. We regularly help workers with these cases, and we know what you need to do to seek benefits.
We can guide you through the steps that may follow a denial, including requesting a hearing with an Administrative Law Judge (ALJ) or continuing to higher levels of appeal.
Helping You Get Your Claim Submitted Correctly
When you work with our Myrtle Beach workers' compensation attorneys, we help ensure that your application looks complete the first time. This way, you can avoid the hassle of a denial and the delay in benefits that comes with it.
We can tell you what information you need to submit when to submit it, and review all the documents in your application.
Protecting Your Rights to Seek Benefits
Unfortunately, you can face unfair challenges to your workers' compensation claim or other related challenges.
For instance:
- Your employer's workers' compensation insurance provider may delay processing your claim.
- Your employer may retaliate after you file your claim.
- Your employer may fail to file important forms or reports.
If you face any of these or other rights violations, our attorneys can advise you and help you move forward with seeking your benefits.
What an Injured Worker Should Do After a Workplace Injury
You can establish a strong case for workers' compensation benefits immediately after you become aware of the injury.
Here's what you should do:
- Report the injury at work. You must notify your employer of your injury within 90 days.
- See a qualifying doctor. Your employer has a right to determine where you get medical care for your injuries. Ensure that you see a designated provider.
- Get a doctor's note about your restrictions. Once you see a doctor, pass on any note you receive regarding your ability to return to work.
- Keep records related to your case. This includes any communication you had with your employer about the injury, any receipts for injury-related costs, and any other information that could prove useful for your case.
- Be aware of workers' compensation claim timelines. You should notify your employer within 90 days, but you should also comply with other important deadlines. This includes the two-year timeline to file a workers' compensation claim.
- Get a case review before submitting your application. You can find several necessary forms for a workers' compensation claim online, including SCWCC. However, even if you started filling out these forms, get a case review and consider a lawyer's help before you apply. Our experienced workers' compensation attorneys can ensure that your application contains all the necessary information.
Third-Party Injury Claims Following Workplace Injuries in South Carolina
In some situations, you could have additional legal options following a workplace injury in Myrtle Beach. Our attorneys can review your case to determine if you qualify to file a third-party injury claim or lawsuit. If your injury resulted from a third party's negligence, your case may qualify.
Examples of negligent injury accidents at work include:
- A contractor or subcontractor on a job site did not fulfill their responsibility to offer you a safe work environment.
- A vehicle driver on your work site hit you and caused your injuries.
- Defective equipment caused your accident, and the manufacturer bears liability.
However, you generally cannot sue your employer for workplace injuries unless they violate your rights during the workers' compensation claims process.
If you qualify to bring a third-party injury case, you could seek forms of compensation beyond those available in a workers' compensation claim. This includes pain and suffering damages, among other intangible losses. However, if you are injured by a third party while working, do not accept any funds from the third party and/or their insurance carrier without contacting an attorney, as it could bar your workers' compensation claim.
Frequently Asked Questions in Workers' Compensation Cases
Can I Choose My Doctor?
No, your employer can choose your treating doctor. If you choose to seek out your medical treatment, workers' compensation insurance may not cover those medical bills.
Can I Sue My Employer?
As mentioned, injured workers who seek workers' compensation typically cannot sue their employer unless they face rights violations when pursuing a workers' compensation claim.
Can I Get Workers' Compensation for an Illness?
You can get benefits for a work-related illness as well as for a work-related injury.
Employees in certain industries are particularly susceptible to contracting a work-related illness, such as mining. Miners can face respiratory conditions due to particle inhalation, for instance.
You may receive compensation if you got COVID-19 at work. However, you need to show that your job significantly increased your risk of contracting COVID-19. To bring a successful claim, you may need evidence of your level of customer interaction and your company's policies regarding COVID-19 safety.
Are Work Injuries Common in South Carolina?
South Carolina regularly sees workplace injury cases and even fatal workplace injuries.
However, according to the South Carolina Occupational Safety and Health Administration (SCOSHA), the number of non-fatal workplace injuries has decreased in recent years.
SCOSHA notes that the rate of injury per 100 full-time private sector workers was 4.4 incidents per 100 workers as of 2003. By 2020, that rate was down to 2.1 incidents per 100 workers. However, injuries still happen across South Carolina-and some of them prove fatally serious.
The state saw 102 fatal injuries among South Carolina workers in 2020. Of these incidents, transportation accidents, contact with equipment and objects, and slip and falls ranked among the top most common types of fatal accidents. (SCOSHA)
In What Workplaces Do Workers Face Accidents Most Often in Myrtle Beach?
>While construction workers generally face some of the highest rates of injury (United States Department of Labor), Horry County is also a hub for many other industries that can prove dangerous for workers.
According to Myrtle Beach Regional Economic Development, food service, retail, healthcare, and manufacturing all constitute major sectors of the Horry County economy. Due to the fast-paced, physical nature of work in food services, healthcare, and retail, many Horry County workers face a risk of workplace injury.
Example: AWW = $500.00 per week. $500.00 multiplied by 0.6667 = $333.35
In the example above, an injured worker would receive a weekly check from workman's comp for $333.35 for any week of missed work due to the injury.
Contact a Myrtle Beach, SC, Personal Injury Lawyer for Your Free Case Review
If you get injured on the job, our attorneys can help. Morris Law Accident Injury Lawyers understands how to help you navigate the entire workers' compensation claim process. We can prepare the paperwork, review your application, appeal a denial, and more.
Contact our team today at (843) 232-0944 to find out how we can take the next best steps for your future. We offer free, no-obligation case reviews.
