Greenville workers’ compensation lawyer

Why injured workers in Greenville choose Smith Jordan

We have represented injured workers before the South Carolina Workers’ Compensation Commission for more than 40 years, and we have handled claims for hundreds of people hurt on the job. Most of that work has come from the same handful of Upstate counties, which means we can usually tell you early what your claim will involve and where the process tends to slow down.

If your claim has already been denied, that is a large share of what we do, and a denial is a much more workable position than most people assume.

Here is what working with us actually looks like.

You work with your attorney, not a case manager

The lawyer who meets with you is the lawyer who handles your claim. You will have their name, and you will not be routed through someone whose job is relaying messages. Every attorney here has spent years practicing law in the Upstate.

We deal with the insurance adjuster

Your time is better spent at your appointments than explaining your injury to someone whose job is to evaluate it. We take those calls, respond to the requests for records and statements, and keep you posted on what the carrier is doing.

We meet you in person before you decide anything

No one can size up a work injury from a two-minute phone screen, and you should not have to hire a lawyer you have never sat across from. The consultation is free, and if you do not need a lawyer, we will tell you that.

We handle what comes after the claim

A serious injury sometimes turns into a Social Security Disability claim, and we handle those as well, so you are not starting over with a new firm at the point when you have the least energy for it.

Many of the people we represent first came to us for a workers’ compensation claim and came back years later for something unrelated. That is the part of this work we would point to first.

Our Greenville office is at 21 Orchard Park Drive, Suite E2, and we have a second office in Easley. Call (864) 343-2222 and we can tell you where your claim stands. 

What our clients are saying

“We are extremely grateful for the support my mother received from Smith Jordan Attorneys during her workers’ compensation case. They were professional, responsive, and fully understood the challenges we were facing. They guided us through every step of the process, explained everything clearly, and fought hard to ensure we received the compensation we deserved. A big thanks to Jordan, Tatiana & John for their dedication and experience. My mother was able to focus on her recovery while they handled the legal side of things. I highly recommend their services to anyone dealing with a workplace injury.” — Paola

Results depend on the specific facts of each case, and no outcome is guaranteed or implied. Prior results do not predict the result of any future matter.

What benefits are available under workers’ compensation?

Workers’ compensation covers your medical care and covers part of your lost wages. It does not pay for pain and suffering, which is the main difference between a work injury claim and a personal injury lawsuit.

• Medical treatment: Doctor visits, surgery, physical therapy, and prescriptions are covered in full when the treatment is authorized, meaning the carrier has approved the provider. You should not receive a bill for authorized care.
• Travel cost: The carrier reimburses mileage when the medical appointment is more than five miles from your home.
• Temporary wage benefit: You receive two-thirds of your average weekly wage while a doctor keeps you out of work or you have work restrictions that your employer cannot accommodate. Payments start on the eighth day you are unable to work, and if you miss more than 14 days, you are paid back to the first day.
• Permanent disability benefits: If the injury leaves lasting damage, you receive additional compensation based on the body part involved and how much function you lost.
• Disfigurement compensation: Serious scarring on a part of the body normally visible at work can carry its own award.
• Death benefits: Dependents of a worker killed on the job receive weekly payments and a burial allowance.

Weekly benefits are capped. For injuries on or after January 1, 2026, the maximum weekly rate is $1,189.94, and most wage benefits run up to 500 weeks. Below that cap, what workers’ comp pays is set by your wages in the four quarters before the injury.

Common workplace injuries covered by workers’ comp

Any injury caused by your job duties can qualify, whether it happened in one moment or built up over years. The ones we see most often in Upstate workplaces include:

• Back, neck, and spine injuries. Herniated discs and spinal cord damage are common in warehouse, construction, and nursing work, and they often require surgery.
• Repetitive motion injuries. Carpal tunnel syndrome and tendonitis build over months rather than happening in one moment, so linking them to your job takes medical evidence.
• Torn ligaments and muscle strains. Knee and shoulder tears come from lifting or from stepping wrong on uneven ground.
• Broken bones and head injuries. Falls from height cause both, and a concussion can affect memory and concentration long after a fracture has healed.
• Burns, amputations, and crush injuries. These usually trace back to equipment that was missing a guard or was not shut down properly.
• Hearing and vision loss. Long-term noise exposure and eye trauma can qualify.
• Occupational illness. Lung disease and chemical sensitivities from workplace exposure are covered, though those claims follow their own rules and generally require medical proof that the exposure at work caused the condition.

South Carolina employers reported 28,000 nonfatal workplace injuries and illnesses in 2024, a rate of 1.7 cases for every 100 full-time workers.

Who is eligible for workers’ compensation in South Carolina?

Most employees in South Carolina are covered. Three things need to be true:

• You are an employee, not an independent contractor. A label on paper does not always settle it, since what matters is how much control the company has over how you do your work.
• Your employer must carry coverage. Businesses with four or more regular employees, part-time workers included, are required to. Agricultural operations, railroads, and businesses with an annual payroll under $3,000 are exempt.
• The injury arose out of and in the course of your job. It has to be connected to your work duties and happen while you were working. Fault does not matter, so your own mistake does not disqualify you.

Benefits can be denied in a narrow set of situations, such as an injury caused by intoxication or one the worker inflicted on purpose. The employer carries the burden of proving that, not the other way around.

A pre-existing condition does not end your claim either. If work made an old injury worse, that aggravation can be compensable, though carriers commonly argue the problem was there all along.

Steps to take after getting hurt on the job

The first days after an injury shape the rest of the claim.

• Get medical care first. In an emergency, go to the nearest hospital and sort out the paperwork afterward, because your health matters more than the claim and untreated injuries get worse. Prisma Health Greenville Memorial on Grove Road and St. Francis Eastside on Commonwealth Drive both run 24-hour emergency rooms.
• Tell your supervisor in writing. You have 90 days to report a work injury, and a text or email creates a record that a hallway conversation does not.
• Write down what happened while it is fresh. Note the time, the location, what you were doing, and who saw it. Claims take months, and the details are easiest to get right in the same week they happened.
• Read the incident report before you sign it. Most workplaces have one, and an inaccurate report is difficult to walk back later.
• Keep your appointments, and go easy on social media. Regular treatment keeps the medical record consistent with what you are telling the Commission, and photos posted while a claim is open tend to show up in the file.

How to file a workers’ compensation claim in South Carolina

Most claims never reach a hearing. The process runs through your employer and their carrier, and the Commission steps in only if there is a dispute.

Report the injury to your employer

Reporting starts everything. Your employer must then notify their insurance carrier, which is what opens the claim. The 90-day deadline is firm, though there are narrow exceptions, so a missed deadline is worth asking about rather than assuming the claim is over.

Let the carrier accept or deny the claim

The insurance company decides whether to treat your injury as work-related. If they accept it, they authorize a treating doctor and start wage benefits once you have missed enough time. If they deny it or pay less than you are owed, then you can request a hearing for benefits.

File Form 50 with the Workers’ Compensation Commission

A Form 50 is how an injured worker brings a claim before the Commission and requests a hearing, and it is the step that matters when the carrier has denied the claim, stopped benefits, or disputed what is owed. There is a $50 filing fee, and you have two years from the date of the accident to file.

Attend the hearing before a single commissioner

The Commission aims to schedule a hearing within 60 days of the request. A single commissioner hears testimony and reviews the medical records. The carrier will have a defense attorney there, which is why most workers bring one too.

Receive the decision

The commissioner issues a written Opinion and Award stating whether your injury is compensable and what benefits you receive. How long the whole process takes depends mostly on whether the carrier disputes the claim.

What to do if your workers’ comp claim is denied

A denial is not the end of your claim. Many denied claims are paid later, usually once medical evidence the carrier never had reaches a commissioner.

Find out why it was denied

The carrier has to state a reason. Common ones are that the injury did not happen at work, that notice came too late, or that the medical records do not support the level of disability claimed. That reason determines what evidence you need next.

Build the medical record

A treating physician’s opinion connecting your injury to your job duties is the strongest evidence in the file. If the authorized doctor’s report is thin, the Commission can allow an evaluation by another physician.

Request a hearing

Filing Form 50 puts the dispute in front of a commissioner who does not work for the insurance company. Witness statements, incident reports, and medical opinions all get weighed by someone neutral.

Appeal to the Appellate Panel

If the commissioner rules against you, a panel of commissioners reviews the record and decides whether to uphold or reverse the decision. From there, an appeal can continue into the South Carolina Court of Appeals. Cost keeps many workers from going this far, and it should not, since attorneys fees and costs are paid from the recovery rather than up front.

Can you file a claim outside workers’ compensation?

Sometimes, and it changes what you can recover. Workers’ compensation bars you from suing your employer, but it does not bar a claim against someone else who caused your injury. These third-party claims can include pain and suffering, and they go to civil court rather than the Commission. We represent clients in these third-party claims.

A second claim often exists when:

• Another driver caused a crash while you were driving for work.
• A defective machine injured you, which makes the manufacturer liable separately from your employer.
• A hazard on a customer’s property caused your injury, which is common for delivery drivers and repair technicians.
• A subcontractor from another company caused the accident on a shared job site.

Both claims can move at the same time. Your employer’s carrier usually has a right to be repaid out of what you recover from the third party, which is one reason to sort the two claims out together rather than separately.

What to expect during your case

• The carrier will investigate. Recorded statement requests, medical record reviews, and, in some cases, surveillance are routine, not a sign your claim is in trouble.
• Wage benefits arrive weekly. They come from the insurance carrier rather than your employer, and they are not taxed.
• You may be sent for an impairment rating. Once you reach maximum medical improvement, a doctor assigns a percentage of permanent impairment, and that number sets the value of your permanent disability benefits.
• Most cases settle. A settlement closes the claim for a lump sum, and payment follows within weeks of Commission approval.

Frequently asked questions about Greenville workers’ compensation

How long do you have to file a workers’ comp claim in South Carolina?

You have 90 days to report the injury to your employer and two years from the date of the accident to file with the Workers’ Compensation Commission. The 90-day deadline is the one that catches people, because workers often wait to see whether an injury heals on its own. Reporting early costs you nothing and keeps the claim available if it does not.

Can I be fired for filing a workers’ compensation claim?

Not for filing one. South Carolina law prohibits an employer from firing or demoting you because you brought a claim, and the same protection covers coworkers who testify in your case. South Carolina is still an at-will state, so an employer may have other lawful reasons to end employment. When a termination follows soon after a claim, the timing itself is worth a closer look.

How much will I get paid while on workers’ compensation?

Two-thirds of your average weekly wage before the injury, capped at $1,189.94 per week for injuries in 2026. That average is calculated from the four quarters before the accident, so overtime and a second job can raise it. Payments begin on the eighth day you are out of work.

Can I receive workers’ comp and other benefits at the same time?

Usually yes, though the benefits interact, and collecting one can reduce another.

Social Security Disability is the most common overlap. You can receive SSDI and workers’ compensation together, but Social Security may reduce your SSDI payment so the two combined stay under a set percentage of what you earned before the injury.

Private short-term disability policies often work the same way, reducing what they pay by whatever workers’ comp is already paying you. Unemployment is the benefit that generally does not mix, because collecting it requires that you are able to work, while temporary total disability is paid on the basis that you are not.

Can I choose my own doctor for a workers’ comp injury?

Not usually. Your employer and their carrier select the authorized treating physician, and treatment you arrange on your own may not be paid for. A true emergency is the exception, since getting immediate care comes first and that treatment is still covered. If the authorized doctor is not addressing your condition, Greenville workers’ compensation lawyers can ask the Commission to approve a different physician or an independent evaluation.

What if I was partly at fault for the accident?

You are still covered. Workers’ compensation is a no-fault system, so carelessness on your part does not bar benefits the way it might in an injury lawsuit. A moment of inattention, a shortcut, or a mistake in judgment does not end the claim.

Talk to a Greenville workers’ compensation lawyer today

You should not have to learn the Commission’s rules while you are hurt and out of work. Tell us what happened, and we will tell you where your claim stands before you commit to anything. Call (864) 343-2222 or reach us through our contact form to connect with a Greenville workers’ compensation attorney.