South Carolina Workplace Injury Lawyer

Results & Settlements

If you’ve been injured on the job, a South Carolina workplace injury lawyer from Hughey Law Firm can help you pursue the workers’ compensation benefits you need.

Workplace injuries can have devastating consequences for victims. You may have medical issues related to your accident, and you may be unable to work during your recovery. Workers’ compensation can help you deal with the financial challenges that often accompany severe injuries. However, many victims of workplace accidents find that getting full coverage for their needs is more difficult than they anticipated.

At Hughey Law Firm, we offer the legal assistance injured workers need to proceed with their claims. Contact us at (843) 881-8644 to discuss your rights after workplace injuries.

Key Takeaways

South Carolina’s workers’ compensation system is no-fault. It covers medical care and wage replacement at about two-thirds of your average weekly wage (up to $1,189.94 per week for injuries occurring in 2026), as well as permanent disability benefits. However, it does not cover pain and suffering.
Report your injury to your employer within 90 days and file a claim within two years, or you may lose benefits.
Insurers may deny your claim, downplay your injuries, cut off benefits, or offer too little. The employer or insurer usually chooses your treating doctor.
If someone other than your employer caused your injury, you may have an additional claim for full damages, though the workers’ compensation insurer may have a lien.
Your employer cannot fire or demote you for filing a claim in good faith.

Hughey Law Firm: The Help You Need to Navigate Your Workers’ Comp Claim

Hughey Law Firm helps injured workers understand their rights, handle the claims process, and push back when insurers deny or undervalue claims. We have handled hundreds of civil cases, including workers’ comp cases.

A workplace injury can feel overwhelming. You may not know what to do next or how to protect yourself. Hughey Law Firm offers the support you need to move forward with your claim as effectively as possible. We have handled hundreds of civil cases, including workers’ comp cases, and received recognition throughout the community for our commitment. We teach, lecture, and write about South Carolina’s personal injury law regularly.

Hughey Law Firm has received a number of professional accolades, including membership in the Million Dollar Advocates Forum, the Martindale-Hubbell Client Distinction Award, and a Top 100 Trial Lawyer ranking from the National Trial Lawyers Association.

Client Service

At Hughey Law Firm, we believe in offering strong service to all our clients. We strive to create a positive experience for every client that goes above and beyond in providing for their needs. Our lawyers listen compassionately to the needs of our clients and fight to help protect their rights to the best of our ability.

Accessibility

At Hughey Law Firm, we have a policy of accessibility. We make our offices easily accessible to our clients and offer online meetings and consultations if necessary to fit their needs.

If you need to handle a workers’ comp claim in South Carolina, contact our Mt. Pleasant office at (843) 881-8644 to learn more.

South Carolina Workers’ Comp: The Benefits It Covers

South Carolina workers’ comp covers medical treatment, wage replacement at about two-thirds of your average weekly wage up to a yearly maximum, and permanent disability benefits. It does not cover pain and suffering.

South Carolina workers’ compensation should cover injuries you sustained at work. Workers’ comp insurance kicks in any time you suffer a workplace injury, whether the accident occurred as a fluke or due to the negligence of another party.

Medical Bills

Workers’ comp will generally cover your medical bills after an accident. Unlike a personal injury claim, a workers’ comp claim generally means the insurance provider will pay your medical bills directly. Typically, those bills will go straight to the insurance provider rather than you having to figure out how to cover them.

However, you may have to have approval from the workers’ comp insurance provider before you can pursue some types of medical care. Workers’ comp may require you, for example, to go through a less-invasive (and less expensive) procedure before you move forward with a more extensive one, even if you and your care provider feel that the more expensive procedure is the right choice for your needs.

Workers’ comp may also delay the approval of some procedures, dragging out your recovery. Having a lawyer on your side can make it much easier to establish the full extent of your injuries and the losses you faced.

Income Replacement

While you remain out of work due to your injuries, workers’ comp will pay approximately 66 2/3 percent of your average weekly wage, up to the maximum set each year by the South Carolina Workers’ Compensation Commission. For injuries on or after January 1, 2026, the maximum is $1,189.94 per week. Those payments will continue as long as you remain out of work or until you receive a permanent disability payment. If you return to lighter work at a lower wage, you may receive two-thirds of the difference.

Permanent Disability Settlement

If you suffer permanent disability because of a workplace accident, including a disability that may permanently prevent you from returning to work, you may receive a permanent disability settlement.

You will receive compensation based on your average weekly wage, the severity of your injury and the disability rating you receive, and the statutory number of weeks assigned to your claim. If you need to pursue a permanent disability settlement, working with a lawyer offers a better chance of clearly laying out the damages you suffered and the compensation you deserve. If a worker dies from a job-related injury, the family may also be eligible for death benefits.

These benefits are meant to keep a family stable, but they are limited, which is why disputes over the details are so common.

Fighting the Insurance Company After a South Carolina Workplace Injury

Insurers often deny that the injury happened at work, downplay its severity, cut off benefits early, or offer too little for a permanent disability. An attorney can push back on each of these tactics.

Whether you work for one of the biggest employers in South Carolina, from the University of South Carolina to Walmart, or a smaller employer, you may find that fighting the insurance company for the compensation you deserve after a workplace accident can prove more difficult than you think.

The insurance company may attempt to reduce the compensation it offers you or what it has to pay for after your accident.

The insurance company may claim that you did not get hurt at work or while performing your work duties. If your injuries occurred due to unrelated circumstances, you may not have the right to file a claim.
The insurance company may downplay the extent of your injuries. If the insurance company can show that you sustained more minor injuries than you claim, it can reduce the compensation it has to pay out.
The insurance company may cut off your benefits. Sometimes, you may even work with a care provider chosen by the insurance company that tries to pressure you into getting back to work before you physically can.
The insurance company may issue a settlement offer for your permanent disability that does not cover the full damages you sustained, leaving you without much-needed compensation that could help you rebuild after a life-altering injury.
The insurance company may blame a preexisting condition, arguing that your injury was not caused or worsened by your job.

By working with our South Carolina workers’ comp lawyers, you can feel much more confident about the outcome of your case, including the likelihood that you will receive the care you need and deserve. At Hughey Law Firm, our attorneys have extensive experience dealing with various workers’ comp claims and injury claims, and we can offer more information about what to do next.

If Your Workers’ Comp Claim Is Denied or Disputed

If your claim is denied or contested, you or your lawyer should file Form 50 with the South Carolina Workers’ Compensation Commission to request a hearing. A decision can be appealed to the full Commission and then to the courts.

According to the South Carolina Bar, if the claim continues to be contested or denied, you or your lawyer should file a Form 50 on your behalf with the Commission. The case is then heard by a commissioner, who weighs the medical records, testimony, and other evidence. A party that disagrees with the decision can appeal to the full Commission and then to South Carolina’s appellate courts.

Denials often rest on missed deadlines, disputes over whether the injury happened at work, or medical opinions from the insurer’s doctor. Strong medical records and a timely filing make a major difference.

A denial is not the end of your claim, but it makes a lawyer more important.

South Carolina Workplace Injuries: What You Need to Know

South Carolina private employers reported about 30,100 nonfatal workplace injuries and illnesses in 2023, and 103 workers died from workplace injuries in 2024. You generally must report an injury within 90 days.

Private industry employers reported 30,100 nonfatal workplace injuries and illnesses in 2023.
About 19,000 of those cases involved days away from work, job transfer, or restrictions, including 12,200 with days away from work.
The South Carolina private industry injury incidence rate was 1.9 cases per 100 full-time workers in 2023, lower than the national rate of 2.4. State data shows the rate fell to 1.7 in 2024.
State and local government workers had a higher rate, at 3.7 cases per 100 full-time workers in 2023.
South Carolina recorded 103 fatal workplace injuries in 2024, down from 112 in 2023. Transportation incidents were the most common cause.
You may need to report a workplace injury within 90 days of the incident to receive workers’ comp support. If you do not file a claim within those 90 days, you may not receive any benefits related to the incident.

Dealing with a workplace injury can prove incredibly complicated, especially if you do not have clear evidence of when your accident occurred. An attorney like those at Hughey Law Firm can offer the support you need to navigate the claim process, get the support you deserve, and ultimately increase your compensation for a workplace accident.

You can call (843) 881-8644 or complete our contact form to schedule a free consultation and connect with our team.

Other South Carolina Rules That Protect Injured Workers

South Carolina law gives you two years to file a workers’ comp claim, lets the employer or insurer choose your treating doctor, bars retaliation for filing, and allows a separate claim against a negligent third party.

Filing Your Claim

In addition to the 90-day reporting rule above, you generally must file a claim with the Commission within two years of the injury. Missing either deadline can cost you your benefits.

Choosing a Doctor

The employer or its insurer generally selects your treating doctor, and you typically cannot switch on your own. If you disagree with the care or need a different doctor, you may need to ask the Commission for a change. See the question below about second opinions.

Protection From Retaliation

Under S.C. Code § 41-1-80, an employer may not discharge or demote you because you filed a workers’ comp claim in good faith. If you believe you were punished for filing, speak with an attorney quickly.

Claims Against Third Parties

Workers’ comp generally bars lawsuits against your employer, but if someone else caused your injury, such as a negligent driver, a subcontractor, or an equipment manufacturer, you may be able to sue that party for full damages. The workers’ comp insurer may have a lien on part of that recovery, and notice rules apply, so talk to a lawyer before you file.

These rules shape what you can recover and when you must act, so getting advice early protects your options.

What Do You Do After a Workplace Injury in South Carolina?

After a workplace injury in South Carolina, report it to your employer in writing, get medical care, follow your doctor’s instructions, keep records, document your employer’s conduct, and contact an attorney before accepting any settlement.

If you suffer injuries in a South Carolina workplace injury, the steps you take immediately after the incident can go a long way toward protecting your right to compensation and making it easier for you to get the support you need. Of course, your employer may have specific policies regarding the paperwork you must fill out and how to report your accident.

You may also, however, need to take other steps to help protect yourself.

Document interactions with your employer, including any times you get pressured to get back to work before you feel ready or before your doctor recommends that you start transitioning back.
Follow the instructions given by your medical care provider. With workers’ comp claims, keeping up with care provider instructions can prove particularly important since failure to follow those instructions could decrease or eliminate your benefits.
Reach out to an attorney as soon as possible to receive the support you need to move forward with your claim and learn more about your rights.
Keep track of all medical records to show evidence of what your care provider told you and the extent of your injuries.
Report the injury to your employer in writing and keep a copy.
Note the date, time, location, and witnesses of the accident, and photograph the hazard if you can.
Do not sign a settlement or release until you understand what you are giving up.

At Hughey Law Firm, we understand the challenges that can accompany a workers’ comp claim, and we work aggressively to help you recover the compensation you deserve.

Contact a Workers’ Compensation Lawyer Today

If you suffered injuries at work, you may deserve compensation for those losses. At Hughey Law Firm, a South Carolina workplace injury lawyer can help you learn more about your rights and fight for fair treatment, whether you need help getting your medical bills covered after a workplace injury or you want to make sure that you maximize a permanent disability settlement. We serve injured workers in Charleston, Mt. Pleasant, Columbia, Myrtle Beach, and across South Carolina. See also our South Carolina personal injury lawyers for claims against third parties.

Contact us at (843) 881-8644 or through our contact page to discuss your next steps.

Past results do not guarantee future outcomes. The information on this page is for general informational purposes only and does not constitute legal advice.

Related Practice Areas

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South Carolina Passenger Injury Lawyers

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Frequently Asked Questions About South Carolina Workplace Injury Lawyer

How do workers’ compensation claims differ from personal injury claims in South Carolina?

Liability does not matter in workers’ comp, so you may file whether the injury was your employer’s fault, a visitor’s fault, or even your own. Workers’ comp pays your medical bills directly and pays a percentage of your income over time rather than a one-time settlement for most claims. It does not include pain and suffering, and you may need insurer approval before non-emergency treatment. A personal injury claim requires proving fault but can include pain and suffering.

Can I file a workers’ comp claim and a personal injury claim for the same injury?

Possibly, when someone other than your employer caused the accident. The comp insurer can place a lien on the personal injury settlement and require repayment of what it spent on medical care and wages, which can reduce your recovery. Talk to a lawyer before deciding how to proceed.

I disagree with the care recommended by the provider workers’ comp gave me. What should I do?

A second opinion may give you a better idea of what support you need. If you question the recommended care, or cannot get approval for treatment you know you need, contact an attorney to discuss your rights. A request to the Commission may be required to change doctors.

Do I need a workers’ comp lawyer?

You are not required to hire one, but disputes over treatment, benefits, and permanent disability ratings are common. A lawyer can help you meet deadlines, challenge a denial, and avoid accepting too little.

Does workers’ comp pay my full wages?

No. It generally pays about two-thirds of your average weekly wage, up to a maximum of $1,189.94 per week for injuries in 2026.

Can my employer fire me for filing a claim?

Not for filing in good faith. South Carolina law prohibits discharging or demoting an employee for that reason, though employers may raise other lawful reasons.

How much does a workers’ comp lawyer cost?

Attorney fees in workers’ comp cases must be approved by the Commission. Ask your attorney how fees and costs are handled before you sign.

What if my claim is denied?

You can request a hearing by filing Form 50 with the Workers’ Compensation Commission. You can then appeal an unfavorable decision.