Charleston Workers’ Compensation Lawyer

If you were injured at work in Charleston or anywhere else in South Carolina, you have the legal right to file a workers’ compensation claim to receive benefits for medical expenses and lost wages. South Carolina law requires most employers to carry workers’ compensation insurance. This insurance provides injured workers with coverage for medical treatment and lost wages without having to prove their employer was at fault.

However, the workers’ compensation process can be complicated. Claims get denied. Benefits are delayed. Employers and insurers do not always make it easy to receive what you are legally entitled to. The Hughey Law Firm represents injured workers throughout Charleston, North Charleston, Mount Pleasant, and South Carolina, from the initial claim through appeals and third-party litigation when applicable.

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Charleston Workers’ Compensation Guide

• Types of Workers’ Compensation Cases We Handle
• Common Work Injuries in Charleston Workers’ Compensation Claims
• Navigating the Workers’ Compensation Process
• Steps to Take After a Workplace Injury in Charleston
• How Long Do You Have to File a Claim?
• Are You Eligible for Workers’ Compensation?
• Third-Party Claims in Workers’ Compensation Cases
• Frequently Asked Questions

Types of Workers’ Compensation Cases We Handle 

The Hughey Law Firm handles all stages of workers’ compensation and related injury claims in South Carolina. Our representation covers three broad categories.

Workers’ Compensation Claims and Appeals:

• Initial workers’ compensation claims and benefit recovery
• Denied claims and workers’ compensation appeals before the South Carolina Workers’ Compensation Commission
• Disputes over benefit amounts, medical treatment, and return-to-work determinations

Workplace Injury Litigation:

• Third-party civil claims arising from workplace accidents
• Product liability claims involving defective workplace equipment
• Premises liability claims against property owners responsible for a job-site hazard

Maritime and Federal Claims:

• Federal Longshore and Harbor Workers’ Compensation Act claims
• Jones Act claims for workers injured at sea or on waterways in and around the Charleston port
• Admiralty claims for maritime workers injured in the course of employment

How Long Do You Have to File a Workers’ Compensation Claim in South Carolina? 

In South Carolina, an injured worker must report their injury to their employer within 90 days of the incident. A formal workers’ compensation claim must then be filed with the South Carolina Workers’ Compensation Commission within two years of the injury date.

Failure to meet either deadline can result in the permanent loss of the right to receive workers’ compensation benefits. Since some workplace injuries, including occupational diseases and repetitive trauma conditions, develop gradually rather than from a single incident, determining the applicable deadline can be more complex. The most reliable way to protect your rights is to contact a workers’ compensation attorney as soon as possible after an injury or diagnosis.

Are You Eligible for Workers’ Compensation? 

In South Carolina, most workers injured on the job are eligible for workers’ compensation benefits, including many who have been classified as independent contractors by their employers.

South Carolina law does not rely solely on how an employer classifies a worker. Instead, the South Carolina Workers’ Compensation Commission evaluates four factors to determine if a worker is an employee entitled to benefits, regardless of how their employer labels them.

• Direct control of work product: Does the employer control how the work is done, not just the result?
• Method of payment: Is the worker paid by the hour or by salary rather than by the project?
• Provision of equipment: Does the employer supply the necessary tools, materials, and equipment?
• Right to fire: Does the employer have the authority to terminate the working relationship at will?

If your answers point toward an employment relationship, you may be entitled to workers’ compensation benefits, even if your employer considers you a contractor. The most reliable way to determine your eligibility based on the specific facts of your situation is to contact a Charleston workers’ compensation attorney.

Third-Party Claims in Workers’ Compensation Cases 

Filing a workers’ compensation claim does not prevent you from seeking additional compensation from a third party whose negligence contributed to your workplace injury. If a party other than your employer caused or contributed to the incident, you may be eligible for a separate civil claim in addition to your workers’ compensation benefits.

The most common third-party workplace injury claims include the following:

• Work-related vehicle accidents
• Defective equipment and product liability
• Premises liability

For example, a delivery worker who falls on a business’s broken steps may have both a workers’ compensation claim against their employer and a premises liability claim against the property owner who failed to maintain safe conditions.

Hughey Law Firm investigates every workplace injury claim to identify all available avenues of recovery, including workers’ compensation benefits and third-party civil claims, and pursues the maximum compensation possible.