If you were hurt on the job in Myrtle Beach, on the Grand Strand, or anywhere in Horry County, you do not have to work through the workers' compensation system alone. The Law Offices of Kenneth Berger helps injured workers across South Carolina, and our Myrtle Beach office is at 2411 N Oak St Suite 105-F. We start by listening to what happened, what your job asks of you, and how this injury has changed your days. Then we handle the insurance company so you can focus on getting better.
Call our office for a free consultation at (843) 427-2800 (Myrtle Beach) or (803) 790-2800 (Columbia), or contact us online.
Work injuries are common here. According to 2024 workplace injury data from the U.S. Bureau of Labor Statistics, as published by SC OSHA, South Carolina private employers reported about 28,000 nonfatal workplace injuries and illnesses, including about 2,900 in accommodation and food services, the category that includes hotels, resorts, restaurants, and bars.
What Happens When You Call Us
- Free Consultation. Call or fill out our contact form, and we will listen to what happened and answer your questions. There is no cost and no obligation.
- We Learn Your Story and Review Your Claim. We take the time to understand your job, your injury, and what life looked like before it, from the shifts you can no longer work to the things at home that are harder now. At the same time, we review your medical records, your benefit payments, and any offer the insurance company has made.
- We Work to Secure Your Full, Fair Recovery. We serve as your liaison with the insurance company, work to see that your treatment and weekly checks are handled correctly, and work to make sure any settlement reflects the full value of the benefits available under South Carolina law. We keep you informed so you know where your case stands.
South Carolina Workers' Comp at a Glance
- Medical care: Authorized treatment related to your work injury
- Weekly checks: Generally 66 2/3% of your average weekly wage, subject to the state maximum
- Notice deadline: Generally 90 days to report the injury to your employer
- Claim deadline: Generally two years for accidental injuries. Different rules can apply to repetitive-trauma and occupational-disease claims
- Fault: You usually do not have to prove your employer caused the accident
- Pain and suffering: Not available through workers' comp, but potentially available through a separate third-party claim
Do You Need a Workers' Comp Lawyer in Myrtle Beach, and What Does It Cost?
Not every claim needs a lawyer, and we will tell you honestly if yours does not.
You may be able to handle your claim yourself if:
- Your injury is minor and your treatment is short
- The insurance company is paying for your care, and your weekly checks arrive on time and in the right amount
- You are back at your regular job without restrictions
Call us if:
- Your claim has been denied, delayed, or disputed
- Treatment you need has not been approved, or you are being pushed back to work before you are ready
- Your injury is serious, permanent, or may need surgery or future care
- You cannot return to your old job, or your employer is cutting your hours or pay
- You have a settlement offer and are not sure it covers your future needs
- Someone other than your employer may have caused your injury
We handle workers' compensation cases on a contingency fee basis. You owe no attorney fees and no case costs unless we recover money for you. In South Carolina, the Workers' Compensation Commission must also approve attorney fees under S.C. Code Ann. § 42-15-90. Call our office for a free consultation.
Our Approach to Workers' Compensation Cases
Workers' compensation has its own rules, forms, and deadlines, and we handle it as part of a practice built around serious injuries.
- We learn what your life was like before the injury. A work injury changes more than your paycheck. It can change how you care for your family, what you can do at home, and what work you can do next. Knowing the full picture helps us understand how the injury affects your medical needs, your ability to work, and the benefits that may be available to you.
- We look at every source of recovery. Workers' compensation does not pay for pain and suffering. If someone other than your employer helped cause your injury, such as a negligent driver or the maker of a defective machine, you may have a separate third-party claim. We look at both from the start.
- We serve as your liaison with the insurance company. You should not have to relive your injury with an adjuster. We handle that communication so you can focus on recovering.
- We keep you and your family in the loop. You will get regular updates, and you can always reach us by phone or email.
- We bring depth on serious injuries. Attorney Kenny Berger has been named a South Carolina Super Lawyer every year since 2020, has been included in The Best Lawyers in America for Personal Injury Litigation: Plaintiffs every year since 2023, and was recognized by Legal Elite of the Midlands in workers' compensation in 2019 and 2020. He is also the principal author and editor of Traumatic Brain Injury Litigation, a South Carolina Bar CLE resource, and earned the Professional Excellence Award for that work, which matters when a work injury involves the brain. See all of his awards and honors.
What to Do After a Work Injury in Myrtle Beach
- Get medical care. In an emergency, go to the nearest provider first and tell them the injury happened at work.
- Report the injury to your employer, in writing if you can, and keep a copy. South Carolina generally requires notice within 90 days of the accident under S.C. Code Ann. § 42-15-20. For repetitive trauma, the 90 days runs from when you discovered, or should have discovered, that the condition was work related. Reporting right away is better.
- Ask who your authorized doctor is, and follow the treatment plan. Workers' comp medical care usually runs through doctors approved by your employer or its insurance company. Refusing authorized treatment can affect or suspend your compensation under S.C. Code Ann. § 42-15-60 unless the refusal is justified, so talk with a lawyer before declining recommended care or changing doctors.
- Keep records. Save photos, witness names, pay stubs, medical paperwork, and a short log of your symptoms and missed work.
- Call us before you sign anything. That includes a settlement, a medical release, or a recorded statement to the insurance company.
- Know your filing deadline. For most accidental injuries, you generally have two years from the accident to file a claim with the Workers' Compensation Commission under S.C. Code Ann. § 42-15-40, and missing it can bar your right to compensation. Different rules can apply to repetitive-trauma and occupational-disease claims, so do not assume you are out of time without checking. We can file for you.
Worried that reporting an injury could cost you your job? S.C. Code Ann. § 41-1-80 bars an employer from firing or demoting you for filing a claim in good faith. If you believe that happened, the law sets a one-year limit to act, so call us promptly. You can also read what happens if you are fired while on workers' comp.
Common Work Injuries on the Grand Strand
Work injuries in Horry County come from more than one kind of job. According to the Myrtle Beach Regional Economic Development Corporation, the area's largest employers span education, government, healthcare, and manufacturing, alongside the tourism and hospitality work the Grand Strand is known for.
- Hotel and resort staff face repeated lifting, wet floors, and long hours on their feet. The wear builds over time, not just in a single accident.
- Restaurant and bar workers face burns, cuts, and falls during busy shifts.
- Construction crews face falls from heights, equipment accidents, and being struck by objects. Read more about construction worker injuries in Myrtle Beach and our construction accident practice.
- Healthcare, school, and government workers face lifting, moving patients or equipment, and repetitive strain.
- Manufacturing and warehouse workers face machinery, forklifts, and struck-by injuries.
- Repetitive-trauma injuries, such as carpal tunnel syndrome, can also qualify for workers' compensation even though they develop gradually rather than from one sudden accident.
More serious workplace accidents can cause brain injuries, spinal cord injuries, burns, and electrical injuries. These are catastrophic injury cases, and they call for the depth we bring to every serious injury claim.
Where We Help Injured Workers in Horry County
Our Myrtle Beach office serves injured workers across Horry County and the Grand Strand, including Myrtle Beach, North Myrtle Beach, Surfside Beach, Socastee, Little River, Conway, Loris, and Aynor. Beyond tourism, the county's workforce includes schools and higher education, hospitals and medical practices, local government, manufacturing, and construction. Work injuries happen in all of them, and the rules in this guide apply wherever you work in South Carolina.
Law Offices of Kenneth Berger, Myrtle Beach Office
2411 N Oak St Suite 105-F, Myrtle Beach, SC 29577
Phone: (843) 427-2800
See all of the areas we serve.
What Benefits Can You Receive?
South Carolina workers' compensation is generally a no-fault system, so you usually do not have to prove your employer caused the accident, and your own mistake ordinarily does not prevent you from receiving benefits. Depending on your injury, benefits may include:
- Medical care related to your injury
- Weekly wage replacement while you cannot work, or while you work restricted duty at reduced pay
- Permanent disability benefits for lasting loss of use or other permanent effects of the injury
- For total and permanent disability, reasonable and necessary nursing services, medicines, prosthetic devices, medical care, and other treatment may be covered for life under S.C. Code Ann. § 42-15-60
To go deeper, read about the three key benefits injured South Carolina workers are entitled to, how workers' comp checks are paid, and impairment ratings in South Carolina.
If you lost a loved one in a workplace accident, family members may be entitled to death benefits through workers' compensation. If someone other than the employer was responsible, the family may also have a wrongful death claim. Our Myrtle Beach wrongful death page explains how we help families.
When Workers' Comp Is Not the Only Claim
Workers' compensation does not pay for pain and suffering, and it generally limits what you can recover from your employer. If someone else helped cause your injury, you may also have a separate personal injury claim. Examples include:
- A negligent driver who hits you while you are working
- The manufacturer of defective machinery, tools, or equipment
- Another person or company that is legally responsible and is not protected by workers' compensation immunity
These claims follow different rules and need to be coordinated with your workers' compensation claim so one does not undercut the other. Learn more:
- Third-party injury claims
- Filing both a workers' comp and a personal injury claim
- Crashes while driving for work
If a crash is involved, see our Myrtle Beach car accident and Myrtle Beach truck accident pages.
Is Your Settlement Offer Fair?
A fair settlement has to account for how this injury has changed your life, and several factors drive the number:
- Your average weekly wage, which sets your compensation rate
- Your doctor's impairment rating and the disability or loss-of-use percentage ultimately applied to your claim
- The body part injured and the number of weeks South Carolina assigns to it
- Your future medical needs
- Whether you can return to your old job at the same pay
No formula captures all of that, and accepting an offer too early can mean settling for less than your claim needs. For a full breakdown, read How Much Is My Workers' Compensation Case Worth and our guide to impairment ratings and the body part chart. If you have an offer in hand, call our office for a free consultation before you sign anything.
Workers' Compensation Results for Our Clients
$250,000 Settlement: Back Injury at Work. After an on-the-job accident, our client had back surgery and was left with serious lower back pain that kept him from returning to his job. The insurance company had contested his claim for several years before he hired us. The settlement covered his permanent disability and future medical needs. Read the full case result.
Claim Settled for Twice the Original Offer: Orangeburg Lift Accident. A worker's left arm was crushed and his ribs were injured when a lift operator ran the hydraulic lift into a wall and he fell from the basket. The insurance company first limited the claim to a collarbone injury and disputed his average weekly wage and compensation rate. The claim settled for twice the original offer. Read the full case result.
Confidential Settlement: Forklift Accident at a South Carolina Factory. A worker's foot was crushed by a forklift. Because the company that caused the injury was not the worker's employer, we pursued a civil claim in addition to workers' compensation benefits, and the case ended in a confidential settlement. Read the full case result.
The results are specific to the facts and legal circumstances of each of the clients' cases and should not be used to form an expectation that the same results could be obtained for other clients in similar matters without reference to the specific factual and legal circumstances of each client's case.
Related Guides for Injured Workers
Benefits and Pay
Medical Care and Settlements
- Workers' comp and future medical treatment
- Whose side is the workers' comp doctor on?
- How much is my workers' comp case worth?
When Your Case Gets Complicated
Specific Injuries
Browse more in our South Carolina workers' compensation guides.
Frequently Asked Questions About Myrtle Beach Workers' Comp Claims
Reporting and Filing a Claim
You generally have 90 days from the accident to give your employer notice, but you should report it as soon as you can. For repetitive trauma, the 90 days runs from when you discovered, or should have discovered, that the condition was work related. You then have two years from the accident to file with the Workers' Compensation Commission, and that clock can run differently for repetitive trauma and occupational disease.
Tell your employer about the injury in writing, keep a copy, get medical care, and call us. Your employer's denial does not end your claim, because you can file a claim with the Workers' Compensation Commission yourself within the two year deadline. We can handle the filing and the conversations with the insurance company.
You may still have options. South Carolina created the Uninsured Employers' Fund to pay benefits when the Commission finds that an employer required to carry coverage did not. Most private employers who regularly employ four or more workers must carry coverage. Call us and we will help you find out where you stand.
Often, yes. Coverage generally turns on whether you are an employee of an employer subject to South Carolina's workers' compensation law, not on your schedule, though some kinds of work are exempt. Staffing agency and independent contractor arrangements can be complicated. If you work seasonally or through an agency on the Grand Strand, call us and we will tell you honestly where you stand.
Doctors, Pay, and Your Job
Often the employer or its insurance company decides which doctor treats your work injury, so ask who is authorized before your first visit. In an emergency, go to the nearest provider first. If you want a different doctor or care you need has not been approved, call a South Carolina workers' compensation attorney.
Generally, no. South Carolina workers' compensation is a no-fault system, so you do not have to prove your employer did something wrong, and your own mistake usually does not bar a claim. There are limited exceptions, and we can explain how they apply to you.
Not for filing in good faith. S.C. Code Ann. § 41-1-80 bars firing or demoting you for starting a claim, and a worker who proves a violation may be reinstated and recover lost wages. Employers can raise defenses, such as attendance or performance problems, and the law sets a one-year limit, so call a South Carolina workers' comp attorney promptly to help make sure your rights are protected. Learn more.
No. It covers medical care, weekly wage replacement, and permanent disability benefits. If someone other than your employer caused your injury, you may have a separate personal injury claim that can include pain and suffering. Learn more.
Settlements and Costs
It depends on your average weekly wage, the body part injured, your doctor's impairment rating, your future medical needs, and your ability to return to work. No single number applies to every claim. Our guide, How Much Is My Workers' Compensation Case Worth, walks through each factor.
We handle workers' compensation cases on a contingency fee basis. You owe no attorney fees and no case costs unless we recover money for you, and the Workers' Compensation Commission must approve attorney fees. Call our office for a free consultation.
You may have two claims: workers' compensation through your employer and a personal injury claim against the at-fault driver. They follow different rules and need to be coordinated. Read about crashes while driving for work and filing both claims.
Talk to a Myrtle Beach Workers' Compensation Lawyer
A work injury can put your health, your paycheck, and your plans at risk all at once. We cannot undo what happened, but we can be your advocate and your guide. We will take the time to understand what this injury has cost you, communicate that clearly to the insurance company, and work to secure a full, fair recovery. We stay in touch with you and your family, from the first call until your case ends.
Call our office for a free consultation at (843) 427-2800 (Myrtle Beach) or (803) 790-2800 (Columbia), start a live chat, or contact us online. Our Myrtle Beach office is at 2411 N Oak St Suite 105-F, Myrtle Beach, SC 29577. If you are not ready to talk yet, you can request one of our free books on South Carolina injury law.
Learn more about workers' compensation across South Carolina or our Columbia workers' compensation team.