Workers’ Compensation Lawyer

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You work hard to provide for yourself and your family, but a serious workplace accident or work-related illness can take that ability away in an instant. On top of the physical pain, the financial stress can feel overwhelming. South Carolina law provides workers’ compensation benefits to help injured employees, but getting the support you deserve isn’t always easy.

Insurance companies often deny valid claims, delay medical treatment, and pressure workers to return before they’ve healed. If you’re dealing with a job-related injury or illness in Charleston and your claim has been denied or delayed, an experienced Charleston workers’ compensation lawyer at Joye Law Firm is ready to fight for the benefits you need. Contact us today for a free consultation.

Understanding Workers’ Compensation in South Carolina

South Carolina’s workers’ compensation system exists to provide injured workers with medical care and partial wage replacement after a work-related injury or illness. The system operates on a no-fault basis, meaning workers don’t have to prove their employer was negligent to receive benefits. However, insurance companies don’t always make it easy to access these benefits. Understanding your rights can help you take the right steps if your claim faces pushback.

Workers’ Compensation Claims Process

What Is Workers’ Compensation Insurance?

Workers’ compensation insurance covers medical expenses, time missed at work, and either partial or permanent disability payments to employees who suffer work-related injuries or illnesses.

Under South Carolina law, an injured worker who misses time at work is entitled to two-thirds of their average weekly wage for the last four quarters. However, there is also a maximum benefit of $1,134.43 per week (for 2025) up to 500 weeks. It even

The system also pays you for mileage, if you travel more than 10 miles roundtrip for treatment (70 cents per mile as of January 2025), and provides financial support for families who lose a loved one in a workplace accident.

Who Is Covered Under South Carolina Workers’ Comp Law?

Most employees in South Carolina are covered under the state’s workers’ compensation laws, including full-time, part-time, and seasonal workers. Employers with four or more employees must carry coverage, though some exceptions exist for certain agricultural workers, railroad employees, and independent contractors.

Types of Injuries and Illnesses Covered

Workers’ compensation benefits apply to injuries and illnesses directly related to your job, including:

Traumatic injuries from falls, machinery accidents, or falling objects
Repetitive motion injuries to ligaments and joints
Occupational illnesses from toxic exposure
Aggravation of pre-existing conditions caused by work-related activities

Time Limits for Filing Claims

Injured workers must report their injury to their employer within 90 days and file a workers’ compensation claim within two years of the accident. Failing to meet these deadlines can result in losing your right to benefits.

Real Workers’ Compensation Case Results

$1.26 Million Settlement for Construction Worker Injured by Scissor Lift
An Insulator apprentice was working at the Google Data Center in Moncks Corner when a contractor operating a scissor lift struck her, causing her to fall onto the concrete floor. She sustained serious injuries to her shoulder and cervical spine, eventually requiring multiple surgeries. Despite initial resistance from the insurance company, Attorney Matt Jackson secured a $160,000 workers’ compensation settlement. Additionally, Attorney Milt Stratos pursued a third-party personal injury claim against the scissor lift operator’s employer. Just before the trial date, the defense increased their offer, resulting in a $1.1 million personal injury settlement. Our client’s combined settlements totaled $1.26 million, providing her with the financial security needed to support her family and move forward with her life.

Common Workplace Injuries We Handle

Some jobs carry more risk than others, but injuries can happen in any workplace. Our firm helps workers across Charleston recover benefits after accidents such as:

Construction Accidents: Falls, heavy machinery incidents, and electrocution are common hazards on construction sites. These accidents can result in severe injuries, requiring extensive medical treatment.
Manufacturing Injuries: Factory and warehouse workers often suffer crush injuries, amputations, and repetitive stress injuries from operating heavy equipment or performing the same motions repeatedly.
Repetitive Stress Injuries: Jobs that require you to repeat the same motion over and over can lead to long-term injuries such as muscle tears, tendonitis, and bursitis.
Back and Neck Injuries: Lifting heavy objects, working in awkward positions, or suffering a fall can lead to debilitating back and neck injuries, sometimes requiring surgery and long-term rehabilitation.
Joint Injuries: Repetitive motions, heavy lifting, or sudden trauma can cause serious joint injuries, such as rotator cuff tears and knee ligament damage. These injuries often require surgery, physical therapy, and extended recovery time.
Occupational Illnesses: Prolonged exposure to harmful substances, such as asbestos, chemicals, or loud noise, can lead to respiratory diseases, hearing loss, and other chronic conditions.
Fatal Workplace Accidents: When a worker loses their life due to a job-related accident or illness, surviving family members may be entitled to compensation for lost income and funeral expenses.

How We Help Injured Charleston Workers

Joye Law Firm works to protect workers’ rights and ensure they get the full benefits they’re owed. Our services include:

Free Initial Consultation

Reviewing your case at no cost and explaining your legal options.

Investigation of Workplace Accidents

Gathering evidence, speaking with witnesses, and obtaining medical records helps build a strong claim.

Documentation Gathering and Submission

Properly completing and submitting the required paperwork reduces the chances of claim delays or denials.

Negotiation With Insurance Companies

We push back against unfair denials and low settlement offers to seek full compensation for medical expenses and lost income.

Appeals of Denied Claims

If your claim has been denied, we help file appeals and present evidence to challenge the decision.

Representation at Hearings

If a dispute escalates to a hearing, we represent you before the South Carolina Workers’ Compensation Commission.

Representation for Third Party Claims

If a third party caused your injury, you’ll need both a workers’ compensation and a personal injury attorney. At Joye Law Firm, we assign two attorneys to these cases to maximize your legal support and give you an advantage.

The Workers’ Comp Claims Process

Understanding how a workers’ compensation claim progresses helps injured employees take the right steps to protect their rights and secure benefits. Even when a claim seems straightforward, delays and denials from the insurance company can make the process frustrating. Taking action promptly and following the proper procedures can make a significant difference in how quickly benefits are approved.

Reporting the Injury

As mentioned, workers must notify their employer of a work-related injury within 90 days of the incident. Reporting should be done as soon as possible to avoid any disputes over when or where the injury occurred. Written notification is best, even if verbal notice is accepted. If the injury is an occupational illness that develops over time, the 90-day period begins when the worker becomes aware of the condition and its connection to the job.

Seeking Medical Treatment

South Carolina law allows employers or their insurance providers to choose the doctor who treats an injured worker. Employees must see the authorized physician to have their medical expenses covered. However, if the assigned doctor fails to provide proper care or downplays the severity of the injury, workers may have grounds to seek a second opinion or request a different doctor.

Following all medical instructions and attending appointments as scheduled strengthens the claim, even if you disagree with the doctor they selected for you. Insurance companies may try to use missed treatments as an excuse to deny or reduce benefits. Keeping a personal record of symptoms, treatments, and medical restrictions can also help if disputes arise.

Filing the Claim

After a worker reports an injury, their employer should file the necessary paperwork with the South Carolina Workers’ Compensation Commission (SCWCC) and notify their insurance provider. In some cases, employers fail to take this step, leaving injured workers without benefits. If the employer does not report the injury or denies that it happened at work, the worker may need to file Form 50 (or Form 52 in fatal cases) directly with the SCWCC.

The claim process officially begins when the insurance company reviews the case and determines whether to approve benefits. Some claims are approved quickly, while others are met with delays or outright denials. Insurance adjusters may argue that the injury wasn’t work-related or that the worker failed to report it in time.

Appeals Process

A denied or disputed claim doesn’t mean benefits are out of reach. Workers have the right to challenge a denial by requesting a hearing before the SCWCC. This step involves submitting medical evidence, witness statements, and any other documentation supporting the claim.

The appeals process may include:

Mediation: A neutral third party attempts to resolve the dispute without a formal hearing.
Commission Hearing: A commissioner reviews evidence and listens to arguments from both sides before making a decision.
Appeal to a Higher Court: If the commissioner’s ruling is unfavorable, further appeals may be possible through the South Carolina Court of Appeals or Supreme Court.

Timeline Expectations

The length of a workers’ compensation claim varies based on factors like medical treatment, insurance company cooperation, and whether disputes arise. Simple cases may resolve in a few months, while complex claims involving appeals or permanent disability determinations may take longer. Delays often occur when insurers challenge medical evaluations or attempt to push workers back to their jobs before they’ve fully recovered.

Taking the right steps from the beginning can prevent unnecessary delays. When insurance companies refuse to act in good faith, our attorneys can help cut through the red tape and secure the benefits an injured worker needs.