Quick Answer
If you were injured on the job in South Carolina, you have legal rights, and you do not have to navigate the workers' compensation system alone. South Carolina law entitles most injured employees to medical care, wage replacement benefits, and compensation for any permanent injury, regardless of who caused the accident. The Law Offices of Kenneth Berger helps injured workers across South Carolina understand their rights, hold insurance companies accountable, and recover the full benefits they are owed.
You can contact us today for a free consultation by calling (803) 790-2800 or by using the live chat box below.
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 how it has changed your daily life, from the paychecks you have missed to the things at home that are harder now. At the same time, we review your medical records, benefit payments, and any offers the insurance company has made.
- We Handle the Insurance Company. We become the liaison between you and your employer's workers' compensation insurer. We make sure your treatment is authorized, your weekly checks are correct, and any settlement reflects the full value of your claim. You will always know where your case stands.
Do You Need a Workers' Compensation Lawyer, and What Does It Cost?
Not every workers' compensation case requires an attorney. If hiring a lawyer would not make a meaningful difference in your case, we will tell you so.
You may be able to handle it on your own if:
- Your injury is minor and requires minimal treatment
- The insurance company is covering your medical bills without pushback
- You are receiving your weekly benefits on time and in the correct amount
- The settlement offer you have received fairly accounts for your impairment and future needs
You should consider speaking with an attorney if:
- The insurance company is delaying your claim, denying treatment, or disputing your injury
- Your employer or their insurer is directing you to a doctor you do not trust or refusing to authorize necessary care
- Your injury is serious, permanent, or will require future medical treatment or surgery
- You cannot return to your former job
- You are not sure whether the settlement offer you received is fair
As for cost, our firm handles workers' compensation cases on a contingency fee basis. You pay nothing upfront, and you owe no attorney fees or case costs unless we recover money for you. In South Carolina, attorney fees in workers' compensation cases must also be approved by the South Carolina Workers' Compensation Commission. Call our office for a free consultation.
Our Approach to Workers' Compensation Cases
- We learn what your life was like before the injury. A work injury affects more than your paycheck. It can change how you care for your family, what you can do around the house, and what kind of work you can do in the future. Understanding the full picture helps us make sure your settlement accounts for your future medical needs and your ability to earn a living, not just the bills you have today.
- We look for every source of recovery. Workers' compensation does not pay for pain and suffering. If someone other than your employer caused your injury, such as a negligent driver or the maker of a defective machine, you may also have a separate personal injury claim. We evaluate both from the start.
- We stay in touch. You will get regular updates, and you can always reach us by phone or email.
- We become part of your team. We serve as your advocate and guide through the Workers' Compensation Commission process, and we handle every conversation with the insurance company so you can focus on your recovery.
Workers' Compensation Results for Our Clients
$250,000 Settlement: Back Injury at Work. After an on-the-job accident, our client needed back surgery and was left with serious ongoing pain that kept him from returning to his job. The insurance company fought his claim for years before he hired us. We pursued a permanent and total disability award and protected his right to future medical care, and after a long mediation, the case settled for $250,000. 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.
What are Your Rights as an Injured Worker in South Carolina?
South Carolina workers' compensation is your legal right, not a favor from your employer. If you were hurt on the job, you are entitled to certain workers' compensation benefits under South Carolina law, and claiming those benefits is not causing trouble. It is exactly what the system was designed for.
If your claim is handled correctly, your benefits may include:
- Medical care, including doctor visits, treatment, and surgery directly related to your injury
- Weekly wage replacement if your injury prevents you from working
- Compensation for any permanent impairment your injury caused
- Vocational rehabilitation if you cannot return to your former job
Understanding what you are entitled to is the first step. Making sure you actually receive it is where having an attorney makes a difference.
How South Carolina Workers' Compensation Actually Works
Workers' compensation in South Carolina operates differently from a standard personal injury case, and those differences matter.
South Carolina is a no fault system. You do not have to prove that your employer did anything wrong to receive benefits. Even if the accident was partially your fault, you are generally still entitled to coverage. There are limited exceptions, including injuries that occur while an employee is intoxicated, engaging in horseplay, or intentionally harming themselves, but for the vast majority of workplace injuries, fault is not the question.
Your employer's insurance company handles the claim, not your employer. South Carolina law requires employers with more than four employees to carry workers' compensation insurance. When you file a claim, it goes through the insurer, not your employer's personal finances. You should not hesitate to file out of concern for your employer's financial situation. That is what the insurance is for.
Deadlines are strict. You have two separate deadlines to keep in mind. First, notify your employer within 90 days of the accident. Under SC Code § 42-15-20, missing this window can cost you your right to benefits. Second, you have two years from the date of the accident to formally file your claim with the Workers' Compensation Commission, per SC Code § 42-15-40.
What are the Most Common Workers' Comp injuries in South Carolina?
Any injury that affects your ability to do your job or earn the same income as before the accident can support a workers' compensation claim. The most common work injuries we see include:
Slips, trips, and falls. These can happen in any workplace at any time. A loose cord, an uneven floor, or a wet surface is all it takes. Falls from heights, including ladders, scaffolding, and lifts, are particularly common in construction and can cause catastrophic injuries like spinal cord injuries and traumatic brain injuries.
Repetitive motion injuries. Carpal tunnel syndrome, herniated discs, and other repetitive stress injuries develop over time rather than in a single event. Many workers are not sure whether these qualify for workers' compensation. They do. In South Carolina, repetitive motion injuries are compensable, and the 90-day reporting window begins when you learn that your condition is work-related.
Motor vehicle accidents. If driving is part of your job, you are covered by workers' compensation when you are injured on the road during work hours. These cases sometimes involve both a workers' compensation claim and a separate personal injury claim against the at-fault driver, which requires careful coordination. Learn more about car accident claims and truck accident claims.
Struck by or against injuries. Being hit by equipment, vehicles, falling objects, or other workplace hazards is among the most common causes of serious work injuries, particularly in manufacturing, construction, and warehousing.
Burn injuries. Burns from heat, chemicals, and electricity are common in industrial and food service settings. Read more about burn injury claims and electrical injuries.
How Do You Know If a Workers' Comp Settlement Offer Is Fair?
This is one of the most important questions an injured worker can ask, and the answer depends on several factors that require careful evaluation.
South Carolina workers' compensation settlements are calculated using a formula based on four key inputs:
| Factor | What It Means |
|---|---|
| Impairment rating | The percentage of permanent physical impairment assigned by a physician |
| Disability rating | How the impairment translates into weeks of compensation under SC law |
| Compensable weeks | The number of weeks assigned by SC law to the specific body part injured |
| Compensation rate | A figure based on your pre-injury wages |
For example, a shoulder injury carries 300 compensable weeks under S.C. Code Ann. § 42-9-30. An index finger carries 40 weeks. Those figures are multiplied by your disability rating and compensation rate to produce a base settlement number.
But the base calculation is not the whole picture. Your future medical needs, your ability to return to work at the same earning level, and the overall impact of your injury on your life all factor into whether a settlement offer is truly fair. Insurance companies are not always forthcoming about the full value of a claim, and accepting an offer too early can mean settling for significantly less than your claim is worth.
For a deeper breakdown, see How Much Is My Workers' Compensation Case Worth. If you have received a settlement offer, speaking with an attorney before you sign anything is always worth the time.
Talk With a Columbia Workers' Compensation Lawyer
Whether you were just injured at work or you have been trying to manage the workers' compensation system on your own without getting anywhere, our team is here to help. If you are questioning whether you are being treated fairly, that question alone is worth a conversation. We will give you an honest assessment from the very first call, with no obligation and no pressure.
Call our Columbia office at (803) 790-2800, our Myrtle Beach office at (843) 427-2800, start a live chat, or contact us online. If you are not ready to talk yet, you can request one of our free books on South Carolina injury law.
Want to dig deeper into a specific question? Browse our full workers' compensation resource library.
Frequently Asked Questions about South Carolina Workers' Comp Claims
You are required to report your injury to your employer within 90 days of knowing it is work-related. For sudden accidents, that clock starts at the time of the incident. For repetitive motion injuries or conditions that develop over time, it starts when you learn that your condition is connected to your work. Missing this deadline can result in the loss of your right to benefits, so reporting as soon as possible is always the right move.
Generally, no. South Carolina's workers' compensation system is a no-fault system, so you are entitled to benefits regardless of who caused your injury. There are limited exceptions for injuries that occur while an employee is intoxicated, engaging in horseplay, or intentionally harming themselves.
Under S.C. Code Ann. § 41-1-80, South Carolina employers are prohibited from firing or demoting an employee for filing a workers' compensation claim in good faith. If you believe you were punished for filing a claim, you may have a separate claim for retaliatory discharge. Learn more about what happens if your employer retaliates.
If a South Carolina employer is required to carry workers' compensation insurance and fails to do so, you may still be able to recover benefits. South Carolina's Uninsured Employers' Fund, created under S.C. Code Ann. § 42-7-200, can pay benefits in some of these cases. A workers' compensation attorney can advise you on the options in your situation.
An impairment rating is a percentage a doctor assigns to reflect the lasting physical effects of your injury. It is one of the main factors used to calculate a South Carolina workers' compensation settlement. A related figure, your disability rating, determines how that impairment converts into weeks of compensation under state law.
If you were injured in a motor vehicle accident while performing job duties in South Carolina, you may have both a workers' compensation claim and a separate personal injury claim against the at-fault driver. These two claims operate under different rules and have different potential recoveries, so coordinating them correctly is important.
No. South Carolina workers' compensation does not pay for pain and suffering. It covers medical care, lost wages, and permanent impairment. If someone other than your employer caused your injury, a separate personal injury claim may allow you to recover pain and suffering damages.
Our firm handles workers' compensation cases on a contingency fee basis. Consultations are free, and clients owe no attorney fees or case costs unless we recover money for them. In South Carolina workers' compensation cases, attorney fees must also be approved by the Workers' Compensation Commission.