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GREENVILLE WORKERS' COMPENSATION LAWYER

Being injured on the job can be extremely stressful. The workers’ compensation insurance carrier might treat you like the bad guy for getting injured, but you have the right to fair compensation, no matter what they say or how they make you feel.

If you’re facing a workplace injury and going up against an insurance company, our workers’ comp lawyers are here to level the playing field. With our help, you’ll have the best chance of receiving the compensation that you deserve. Call (864) 385-2791 to contact a Greenville workers’ compensation lawyer with Smith Jordan Attorneys at Law and learn about how we can help.

Greenville workers compensation lawyer

How Smith Jordan Attorneys at law can help you

Navigating workers’ compensation benefits while recovering from an injury can be overwhelming. If you were injured at work, a Greenville workers’ comp lawyer with Smith Jordan can help you understand how workers’ compensation laws can protect you.

Our attorneys will take the time to listen to you and relieve some of the stress of dealing with insurance companies. With over 40 years of experience representing workers before the South Carolina Workers Compensation Commission, we have handled cases for hundreds of people injured on the job. We know how to get you the help you deserve.

Compassionately guiding you through your workers’ compensation case

  • Legal Guidance: We’ll help you understand your rights under South Carolina workers’ compensation laws and ensure you meet all deadlines and requirements.
  • Case Preparation: We’ll gather and organize all the necessary documentation, such as medical reports, incident reports, and witness statements, to build a strong case.
  • Filing Claims: We’ll assist you in completing and submitting Form 50 to the South Carolina Workers’ Compensation Commission, avoiding errors that could delay your case.
  • Negotiating with Insurers: We’ll handle all communication with your employer’s insurance company to ensure you receive the full benefits you deserve without unfair denials.
  • Representing You at Hearings: If your claim is denied or disputed, we’ll represent you at hearings, presenting evidence and countering the insurer’s arguments.
  • Maximizing Benefits: We’ll identify all forms of compensation you’re entitled to, including medical expenses, lost wages, and potential disability benefits.
  • Appealing Decisions: If the Workers’ Compensation Commission denies your claim, we’ll guide you through the appeals process to fight for your rights.
  • Relieving Stress: We’ll manage the legal and procedural aspects of your case, allowing you to focus on your recovery while we handle the rest.

What types of workers' compensation benefits are available?

In South Carolina, there are 2.3 workplace injuries per year for every 100 people, according to the latest data. Under South Carolina law, injured employees are entitled to a range of benefits through the state’s workers’ compensation system. These benefits are designed to provide financial support and medical care for workers who suffer on-the-job injuries or illnesses.

Among the primary benefits available:

  • Coverage for medical expenses
  • Temporary wage replacement during the recovery period
  • Compensation for permanent disabilities that result in long-term or lifelong impairments

Who is eligible for workers' comp benefits?

Workers’ compensation in South Carolina is regulated under the state’s Workers’ Compensation Act. This law states that an employee who suffers an accidental injury “arising out of and in the course of employment” is entitled to receive financial compensation for their losses.

In most cases, South Carolina businesses with four or more regular employees—including part-time employees—are required to purchase workers compensation insurance coverage.

Workers’ compensation in South Carolina is no-fault, meaning that you don’t need to prove fault or negligence on the part of your employer. To qualify for benefits, you generally need to prove that the injury or illness was caused by your job duties and occurred while you were on the clock.

Additionally, you must be an employee of an employer that carries workers compensation insurance. The word “employee” is key here — independent contractors and self-employed individuals aren’t usually eligible for workers comp benefits in South Carolina.

The common causes of work-related accidents

Although work accidents have various causes, there are a few common ones we see:

  • Exposure to harmful substances: According to the National Safety Council, exposure to harmful substances or environments is a leading cause of work-related injuries and illnesses. Electricity, radiation, infectious diseases, temperature extremes, and toxic chemicals are just a few of these hazardous elements
  • Overexertion: This is another common cause of workplace injuries. This can be due to strenuous job duties such as heavy lifting or repetitive, low-impact tasks such as typing. Lack of safety gear, unsafe work conditions, and improper training can all increase the risk of overexertion injuries.
  • Slips, trips, and falls: Often resulting from inadequate walkway maintenance, are also potential sources of injury in the workplace.
  • Equipment-related injuries: Workers may also be injured by contact with objects and equipment, such as a vehicle striking a worker or a worker’s limb being caught in a machine, due to poor safety protocols.

 

What are the different types of work-related injuries?

No two workplace accidents are the same, and the types of injuries that occur can vary widely depending on the job and industry. The following are some of the possibilities:

  • Repetitive motion injuries, such as tendonitis and bursitis
  • Back, neck, and spine injuries, such as whiplash, herniated discs, spinal cord injuries, and paralysis
  • Ligament tears and sprains
  • Muscle strain
  • Broken bones or fractures
  • Head trauma
  • Vision and hearing loss
  • Internal injuries, including organ damage
  • Amputations
  • Burns
  • Electrocutions
  • Infections
  • Illnesses stemming from chemical exposure

What is South Carolina workers' compensation claims process?

Not all workers’ compensation claims follow the same timeline, but there are a few basic steps to expect:

  • Seek medical treatment: If injured at work, prioritize medical care immediately, but consult your employer about your physician if the situation isn’t an emergency.
  • Notify your employer: South Carolina law requires you to report your injury within 90 days to qualify for workers’ compensation benefits.
  • File a claim: Submit Form 50 to the South Carolina Workers’ Compensation Commission within two years to secure your right to benefits.
  • Attend a hearing: If your claim is denied, request a WCC hearing to present evidence and counter the insurer’s arguments.

Receive a decision: The WCC will evaluate the evidence and issue a decision outlining your entitled benefits.

Learn More: How long after a workers’ comp settlement do I get paid?

Necessary documentation

The most successful workers’ compensation claims are those supported by sufficient evidence. Your Greenville workers’ compensation lawyer can help you compile the documents and other evidence necessary to support your claim, which may include the following:

  • Medical reports: Your treating physician’s report should detail your injury, treatment plan, expected recovery time, and any long-term effects.
  • Incident reports: Complete a workplace incident report to document the injury details and support your claim if disputed.
  • Witness statements: Statements from witnesses to the incident or its impact on your health can strengthen your case.

The insurance company’s role in the process

The insurance company is responsible for reviewing the evidence submitted as part of your claim and making a decision regarding benefits. The insurer may also investigate to determine the validity of the claim, which may include interviewing you and/or witnesses, performing surveillance on you, contacting your physician, or reviewing your medical records.

Although the insurance company is required to act in good faith when reviewing your claim, it may attempt to deny or delay payment of benefits. These companies are for-profit businesses, and they do not always have your best interests in mind.

Having a Greenville workers’ compensation lawyer from Smith Jordan Attorneys at Law on your side can level the playing field. We know the tactics insurers use to deny or underpay claims and can push back to ensure you receive the benefits you deserve. From advocating on your behalf during investigations to ensuring your rights are protected at every step, we are here to handle the complexities while you focus on your recovery.

What are some mistakes that could compromise a workers' compensation claim?

There are thousands of workers’ compensation claims filed every year in South Carolina, but not all of them get approved. This is where it is essential to be aware of the common mistakes that could compromise your workers’ compensation claim in the Greenville-Spartanburg-Easley area. These include:

  • Missing doctor’s appointments
  • Failing to cooperate with medical advice
  • Exaggerating injuries
  • Failing to disclose pre-existing conditions
  • Posting information about your injury on social media
  • Posting information about your life on social media
  • Failing to seek the advice of a Greenville, SC, workers compensation attorney
  • Hiring an attorney without first seeking an in-person consultation

Even when you no longer need to see your doctor as frequently, you need to schedule and keep regular appointments to stay in touch. This will ensure that your claim is not compromised by failing to seek regular medical care.

Contact Smith Jordan Attorneys at Law to guide you smoothly through your workers’ comp case

Navigating a workers’ compensation claim can be complex and overwhelming, especially when you’re focused on recovering from an injury. At Smith Jordan Attorneys at Law, we are dedicated to helping injured workers secure the benefits they deserve. With over 40 years of experience and a deep understanding of South Carolina workers’ compensation laws, we are equipped to handle every aspect of your case.

Don’t let the stress of dealing with insurance companies or the fear of a denied claim keep you from seeking the help you need. Contact us today to schedule a consultation and let us provide the legal guidance and support you need to move forward confidently.

Greenville, SC Resources for Work Injuries

Medical care

Public Services

  • Greenville County Circuit Judge
    • 305 E North St # 318, Greenville, SC 29601

Legal assistance

  • Smith Jordan P.A.
    • 21 Orchard Park Dr Suite E2, Greenville, SC 29615
    • Phone – (864) 387-8657

Speak with Our Skilled Legal Team About Your Case

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W. Grady Jordan

Partner

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Our Greenville workers compensation attorneys are ready to help you get the full benefits you deserve

When you haven’t been protected by Workers Compensation as promised, our attorneys can help.

After all, the insurance companies will have lawyers on their side—why shouldn’t you? If you’ve been hurt at work, contact the attorneys at Smith Jordan today.