Spartanburg Workers’ Compensation Lawyers

Legal Guidance for Injured Workers in Spartanburg, Greenville, Cherokee, Union, & the Surrounding Counties

Workers’ compensation laws are in place specifically to protect workers who have been injured on the job. South Carolina has laws designed to provide injured workers with medical benefits and funds while healing from their injuries or illness. In most instances, as an injured worker, you are also entitled to a final money award and often to ongoing medical benefits in the future.

However, it’s not always easy to get these benefits. In many cases, you may need an attorney who focuses on workers’ compensation claims and appeals to secure the benefits you need and deserve. At KD Trial Lawyers, we seek to provide you with personal and effective advice and counsel. We also want to make things as easy as possible for you so that you can focus on healing. 

We handle all workers’ compensation cases on a contingency fee basis — you pay us no attorneys’ fees unless we succeed in obtaining benefits. Attorney Jeremy Dantin leads the worker’s compensation team at KD Trial Lawyers. He has been named to the Super Lawyers list for this practice area in South Carolina.

You can request an initial consultation with a Spartanburg workers’ compensation attorney by contacting us online or at (864) 660-0465.

What Makes Workers’ Compensation Unique in South Carolina?

South Carolina’s workers’ compensation system has several features that set it apart from personal injury cases or other civil cases.  For example, limitations exist on what can be recovered depending on what, or how many, body parts are injured.  Also, unlike in a personal injury case, workers’ compensation pays 100% of all related medical bills upfront, so you have no cost as the claimant for your medical needs, both now and in the future.  Many other unique features distinguish workers’ compensation in South Carolina, which can make navigating through the system even more challenging.

What Types of Injuries Does South Carolina’s Workers’ Compensation Cover?

You can receive workers' compensation benefits to cover the damages related to various types of injuries, including those listed below.

Single-event accidents/injuries:

• Falls
• Lifting
• Twisting
• Car and truck accidents
• Machine and equipment accidents
• Shoulder injuries
• Back and neck injuries
• Spinal cord injuries
• Head injuries (traumatic brain injuries, concussions, headaches, etc.)
• Leg, knee, ankle, and foot injuries
• Hip injuries
• Cuts
• Burn injuries
• Broken bones
• Vision and hearing damage

Repetitive motion injuries, sustained through assembly line work, repetitive lifting and twisting, typing, and more:

• Carpal tunnel syndrome
• Bursitis
• Tendonitis
• Epicondylitis
• Degeneration of joints and discs
• Stress fractures
• Hip, knee, ankle, foot, spine, and shoulder problems

Occupational exposure:

• Toxic/chemical exposure
• Heat or cold exposure
• Biological hazard exposure
• Lung injuries
• Heart attack
• Vision and hearing damage
• Stroke
• Heat exhaustion
• Disease 
• Skin problems

Mental injuries

• Post-traumatic Stress Syndrome (PTSD)
• Depression and/or anxiety
• Adjustment disorder

Other injuries or conditions may be covered under workers’ compensation as well. At KD Trial Lawyers, we are prepared to walk you through this process to determine what your best course of action should be on a case-by-case basis.

The Main Types of Monetary Recovery Available in South Carolina Workers’ Compensation

While medical benefits are always available to an injured worker so long as an authorized treating doctor states it is necessary and related, four primary types of monetary recovery are available in South Carolina:

1. Permanent partial disability (PPD): This type of recovery is available when only one body part has been injured, when the back is the one injured body part but it does not produce greater than 50% disability, or when the injury does not involve paraplegia/quadriplegia or physical brain injury (for which lifetime benefits apply). These injuries are limited based on the values outlined in Sec. 42-9-30 and R. 67-1101.
2. Wage loss: When you have two or more body parts injured and those injuries preclude you from continuing to work your job permanently, you may be eligible for a wage loss recovery. This is calculated by a formula that pays a percentage of the difference between what you made in your old job versus what you are predicted to make in the future (usually by a vocational expert) over a given period. 
3. Permanent and total disability (P&T): This type of recovery is generally the largest available under workers’ compensation (not including paraplegia/quadriplegia or physical brain injuries). To be considered for a P&T recovery, you must be unable to perform any job within the readily available job market because of two or more injured body parts, or when your back is greater than 50% disabled (a rebuttable presumption may occur in this instance). This recovery has a maximum of 500 weeks of benefits, minus any weeks which may have been paid out by the week since the accident. 
4. Lifetime benefits: This type of recovery is reserved for people whose work accident results in paraplegia/quadriplegia or physical brain injury. In these cases, weekly benefits are available for life. These claims are often complicated — whether these injuries qualify for lifetime benefits is frequently the subject of legal/medical debate.

Values are additionally dependent on a claimant’s individual compensation rate, which is generally two-thirds of an employee’s average weekly wage (note — the average weekly wage can be calculated in different ways). This is subject to a maximum compensation rate year by year, according to the South Carolina Workers’ Compensation Commission. 

SC Workers’ Compensation Commission

In South Carolina, the Workers’ Compensation Commission is the administrative branch that handles and adjudicates all workers’ compensation claims. Seven commissioners preside over claims in hearings; commissioners are appointed by the governor and approved by the Senate for a six-year term.

The commissioners also form Appellate Panels (composed of three of the Commissioners) to hear appeals from workers’ compensation hearings. If a party then wants to appeal the decision of an Appellate Panel, they may appeal to the Court of Appeals and then to the Supreme Court. 

SC Workers’ Compensation Act

South Carolina’s workers’ compensation laws are all governed by statute, specifically the South Carolina Workers Compensation Act (“the Act”), which is contained in Section 42 of the South Carolina Code of Laws, and by regulations (“the Regulations”) set forth by the South Carolina Workers Compensation Commission (specifically Chapter 67 – South Carolina Code of Regulations). 

The Act defines not only what is covered under workers’ compensation, but also who is covered. Chapter 9 of the Act and Article 11 of the Regulations identify maximum values for numerous body parts, which are used to compute the values of injuries to those body parts.

Additionally, the Regulations provide guidance as to how evidence may be obtained, shared, and used in workers’ compensation hearings; governs how hearings and appeals are handled; and dictates which types of claims must be mediated (mediation is a formalized proceeding where the parties come together with a mediator who helps them attempt to settle the case) in South Carolina.

How KD Trial Lawyers Can Help

Sometimes, an employer and the insurance carrier fight an employee’s claim. For example, the employer may claim that your injury did not happen on the job, that it resulted from a pre-existing condition, or that your failure to immediately report your injury to your employer means that you are not entitled to coverage. Employers and insurance companies also may value a given case very differently than you do. 

Our workers’ compensation team can help you understand which type of recovery applies to your situation and create supporting evidence to maximize your recovery.  We have the experience and knowledge to present your case in a way that increases the chance of achieving desired results in a settlement or at a hearing.

If you need help filing for or appealing a workers’ compensation claim, contact us at (864) 660-0465.