When Your Back Is Against The Wall

South Carolina Workplace Accident Attorneys

Serving Workplace Accident Victims Throughout South Carolina

Workplace accidents are not confined to any specific job or industry: They can occur in a variety of settings and circumstances. From construction sites and manufacturing plants, where the risks of physical injuries are often apparent, to office environments, where repetitive strain injuries or trip-and-fall accidents may occur unexpectedly, work-related injuries can and do happen even when all relevant safety rules are followed.

If you have been injured at work, you may be eligible for workers’ compensation benefits, which can cover medical treatment as well as a portion of your lost income due to an inability to work. If a third party (someone other than your employer or a co-worker) is responsible for your work-related injury, you may also be able to file a personal injury claim against them. At Lanier Law Group, P.A., we can help you explore and pursue all options for recovering compensation. Our South Carolina workplace accident lawyers understand how to successfully handle these claims and will work to get you the maximum possible compensation.

Our experienced team is on your side, so schedule a free initial consultation by calling (855) 941-3522 or contacting us online today!

Common Workplace Accident Injuries

Workplace accidents can lead to a wide range of injuries, some of which can be catastrophic and life-altering. You should always see a medical professional as soon as possible after any workplace accident, as some injuries may not be immediately apparent.

Our South Carolina workplace accident attorneys can provide comprehensive assistance if you suffered any of the following injuries:

Slips, trips, and fall injuries. These incidents are commonplace in all sorts of workplaces. Slippery floors, cluttered work areas, or poor lighting can all contribute to these types of accidents. Injuries can range from minor bruises and sprains to more serious injuries like fractures or concussions.
Musculoskeletal injuries. These injuries are typically caused by overexertion or repetitive strain. They include sprains, strains, and tears, often affecting the back, neck, shoulders, or wrists. These are especially common in jobs requiring manual labor or those involving repetitive movements, such as typing or assembly line work.
Cuts and lacerations. Workers using sharp tools or machinery are at risk of sustaining cuts and lacerations. These can vary in severity, from minor cuts to severe wounds that may require stitches or surgery.
Chemical and hazardous material exposure illnesses. Employees working with chemicals or other hazardous materials are at risk of burns, respiratory issues, and other health problems. Prolonged exposure can potentially lead to severe, long-term conditions, including cancer or chronic respiratory issues.
Vehicular accident injuries. Those who drive frequently as part of their job are at risk of a collision with another vehicle, which can lead to a wide range of injuries, from whiplash and fractures to more serious injuries like traumatic brain injuries. Note that any injuries sustained in a car accident that occurs during your commute to or from your job are not generally considered work-related.
Fall injuries. In industries like construction or maintenance, falls from great heights are a significant risk. These accidents can result in severe injuries such as fractures, spinal cord injuries, or even fatalities.
Electrical injuries. Electric shocks can lead to burns, nerve damage, and cardiac arrest. These are common in professions involving electrical work or machinery operation.

Am I Eligible for Workers’ Compensation in South Carolina?

Most employees working in South Carolina are covered by their employers’ workers’ compensation insurance policies. While there are some exceptions, you should not necessarily assume your employer is telling the truth if they claim you are not eligible for workers’ compensation benefits. Some employers will act in bad faith and go to great lengths to avoid dealing with workers’ compensation claims.

You are likely covered by your employer’s workers’ compensation policy in South Carolina if:

Your employer has at least four employees. If your employer is a very small business that only employs three employees or fewer, they are not required to carry workers’ compensation insurance.
You are classified as an employee. Independent contractors do not generally qualify for workers’ compensation benefits. However, some employers deliberately misclassify employees as independent contractors to avoid paying various types of benefits, and you can still get workers’ compensation benefits if you have been misclassified.
You do not work in the agricultural or railway industries. South Carolina law specifically excludes these industries from having to carry workers’ compensation insurance.
You suffered a work-related injury. Injuries suffered in an accident that occurs while an employee is on the clock, repetitive stress injuries that develop over time due to work-related activities, and occupational illnesses caused by exposure to harmful substances in the workplace are all considered work-related injuries under the law.

You do not need to prove negligence or that another party was at fault for your work-related injury to get workers’ compensation. So long as you were not intoxicated, engaging in horseplay, trying to hurt yourself, or trying to hurt someone else at the time you sustained the work-related injury, you are likely eligible for workers’ compensation benefits.

Not having to prove negligence does come with a drawback, however. You cannot typically sue your employer or a co-worker for causing a work-related injury, even if you have evidence that their negligence led to harm.

Still not sure if you have a workers’ compensation claim? Our South Carolina workplace accident lawyers can review your situation and help you understand your options for recovering compensation.

When Can I File a Personal Injury Lawsuit for a Workplace Accident?

You can generally only pursue a personal injury claim for work-related injuries if the case involves third-party negligence. A third party refers to anyone other than your employer or a fellow employee. If their negligence causes a work-related injury while you are on the clock, you may be able to sue them in addition to seeking workers’ compensation benefits.

Examples of “third parties” in work-related accidents include contractors, visitors to your worksite, and manufacturers of defective equipment. Consider, for example, a situation where a construction worker is injured by a piece of faulty machinery. The machinery was manufactured by a separate company, and upon investigation, it is found that there was a known defect in the design of the product. In this case, the worker might have a valid third-party negligence claim against the manufacturer of the machinery.

Similarly, consider a scenario involving an office employee tripping over a loose carpet tile in the workplace, leading to severe injuries. An external contractor had recently been hired to replace the office flooring. However, due to their negligence, they left several carpet tiles loose and improperly fitted. In this case, the office employee may have the right to file a third-party personal injury lawsuit against the contractor.

Determining whether you have the right to file a personal injury claim after suffering injuries in a work-related accident is not always easy. We can advise whether a third party may be liable for damages in your case.

How Long Do I Have to File a Workers’ Compensation or Personal Injury Claim in South Carolina?

When you are injured in a workplace accident, it is in your best interest to notify your employer as soon as possible. You should inform your employer in writing with details about your injuries (including any official diagnoses) and the circumstances of the accident. You can lose your right to workers’ compensation benefits in South Carolina if you do not notify your employer within 90 days of the accident.

In cases involving repetitive stress injuries or occupational illnesses, you will likely not be aware that your injury or illness is work-related at first. State law gives you 90 days from the day you discovered or reasonably should have discovered that your repetitive stress injury or occupational illness was work-related, so do not wait to act.

If your injuries were caused by third-party negligence, the statute of limitations for a personal injury claim is usually three years. In other words, you will in most cases have three years from the date of the workplace accident to bring a lawsuit against the negligent third party.

By getting in touch with Lanier Law Group, P.A. promptly after a workplace accident, you can ensure you do not miss a deadline. Our South Carolina workplace accident attorneys will help gather evidence and file all necessary paperwork.

Compensation for Workplace Accident Injuries in South Carolina

Remember, you do not have to prove fault to obtain workers’ compensation benefits. If you are covered by your employer’s workers’ compensation insurance policy and have evidence your injury was work-related, you are eligible for benefits. Keep in mind that workers’ compensation only covers medical expenses and a portion of your lost income. It does not cover non-economic damages like emotional distress, loss of enjoyment of life, or pain and suffering.

A third-party personal injury lawsuit covers both economic and non-economic damages, which is part of why it is so important to hire a heavyweight to thoroughly investigate the circumstances of your workplace accident. You do have to prove negligence to recover compensation when pursuing a personal injury claim.

Our goal is to get you all of the compensation you are entitled to under the law. You can count on us to fight for you and go the distance.

Having trouble getting workers’ compensation benefits or not sure if you have a third-party personal injury claim? Discuss your case with us today by calling (855) 941-3522 or contacting us online.

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There are times in your life you are so hurt and feel life has a grudge against you. Nothing in your life is going right. I lost the most important person in my life to death, of which I knew mistakes were made because I witnessed it with my own eyes. When you contact a law group you most of the time get all business and a matter of fact conversation. I want all to know that from the first phone call they listened to my lengthy story, sobbing most of the time with so much compassion. They never made any promises but offered assurances that no stone would be unturned. They fulfilled every word they said. They restored faith that I had lost. Until you are in a position like mine you can never know how invaluable Lanier Law Group is. They were wonderful while maintaining their professionalism. They treated me like a family member. They really do care about their clients. But most of all they are the best at what they do. I worked in the court system for years so I knew how attorneys and law firms basically operated. Understanding the law and it's interpretation is the ultimate key to winning any case. Also know that if an attorney/attorneys study and review your case and know that you don't have a chance in a court of law and are big enough to tell you that instead of giving you false hope, you then my friend have a group with valuable shared values. I have so much respect for everyone in this Law Group. I recommend Lanier Law Group, P.A. to anyone who needs representation, they are in your corner. 20 out of 10 stars.
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I started working with Lanier Law Group in 2020 on my Social Security Disability case. They from start to finish were awesome. My case manager Janet Hanks and attorney, Ashley Sappenfield were always available to answer all my questions. I did not have to do much but sit back and let them handle whatever was needed. My case took too long (2 years) and if I did not have Janet and Ashley My case would still not be approved. I would recommend Lanier to anyone to get the job done and approved. Do not go to another firm with your case, who promise the world and do not see it to completion and do not think another firms would have worked as hard as they did on my case. Lanier Law Group will always be the choice for me and all my family members to handle any cases of this type and other legal services they provide. They went above and beyond!
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Mrs. Gonzalez did an awesome job of explaining everything in detail and keeping me informed on the status of my case. Despite poor customer service with the insurance company, Mrs. Gonzalez was able to fix what they could not. Mrs. Gonzalez was very helpful with helping me understand things that I was not aware of when dealing with insurance claims. I am so thankful for her expertise and professionalism.
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Great experience. Tish was very helpful as my case progressed and explained all of the steps to me, leaving me with very few questions. Shea was also very helpful during the negotiation process.
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