EN ESPAÑOL BLOG CALL (843) 720-2800 ATTORNEYS ABOUT US SERVICES RESULTS CAREERS CONTACT GET A FREE CONSULTATION Charleston, South Carolina Workers’ Compensation Lawyers South Carolina Workers’ Compensation Claims During the COVID-19 Crisis Workplace injuries, especially ones that cause lost wages, can be devastating to the working families of South Carolina. It is a scary proposition to face — not only are you dealing with pain every day, but you are also worried about where and when is the next paycheck going to come from and who is going to pay your medical bills, mortgage, and food for your family. But you do not have to worry. For a free review of your case, call us at 843-720-2800. Put our team on your side Having the right workers’ compensation lawyers on your side fighting for the benefits you deserve will go a long way in keeping you and your family financially secure. The Charleston workers’ compensation lawyers at Steinberg Law Firm have handled thousands of workers’ compensation cases. Let us use our experience to help you through this troubling time. Some employers are unhappy when employees are injured on the job. They do not want their workers’ compensation insurance premiums to go up, which can happen if there are a lot of work injuries. Often, employers will try to convince injured workers to not report the injury. These unscrupulous practices are against South Carolina’s workers’ compensation laws. Once you file a worker's compensation claim, these employers and their insurance companies will have a team of adjusters, lawyers and private investigators working to pay you as little money as possible, or to not pay you at all. But you can fight back. Get the benefits you have earned You should have a team of highly trained, highly skilled South Carolina workers’ compensation lawyers on your side. The attorneys and staff at the Steinberg Law Firm will aggressively represent you all the way from the initial phone call to investigating the accident and making sure you are paid the benefits that you deserve. CONTACT US RESULTS WE HAVE RECOVERED OVER $500 MILLION FOR CLIENTS INCLUDING $3.2 MILLION $3,200,000 in a settlement for a workers' comp case. $1.0 MILLION $1,000,000 in a claim for overtime and unpaid wages. $310 THOUSAND $1,000,000 in a claim for overtime and unpaid wages. What is Workers' Compensation? Most employees in South Carolina have workers' compensation benefits Workers' compensation is a system of legally defined benefits available to most workers who are injured or become sick on the job. Want to learn more? VIEW FULL GRAPHIC To help fight and win your claim we will: Explain to you in common sense terms the work injury laws in South Carolina and what types of benefits you deserve Gather all of the appropriate documentation such as accident reports, medical records and witness statements Determine your wage benefits and explain to you the law in how these weekly wage benefits are calculated Prepare you to testify at hearings if necessary, along with any witnesses required to prove your claim Take the depositions of treating physicians and medical experts to prove your disability is related to a work injury Ensure all of your work-related medical bills are paid, including money for possible future treatment If your disability is permanent, make sure that you and your family will be fully taken care of in the future Negotiate with the insurance company for a fair settlement of your claim to ensure you are fully compensated for your medical bills, lost wages and lost earning capacity FREE CONSULTATIONS There is no downside to having your questions answered. The initial consultation is free. CONTACT US Common Work-Related Injuries Workers’ compensation claims see all the most common work injuries to various parts of the body. Some work injuries can be fairly minor requiring you to be out of work for a few days. However, others can be very serious and disable a person for life. While others can result in a fatality. Here are some of the most common work-related injuries: Broken bones due to falls or being entangled with a machine; lacerations, amputations and burns Knee injuries such as dislocated knees, torn ACL or MCL ligaments, and degenerative conditions requiring total knee replacement Shoulder injuries like rotator cuff tears, dislocated shoulders and degenerative conditions that require shoulder replacement Overexertion injuries causing pulled muscles and ligaments in various parts of the body Complex Regional Pain Syndrome (CRPS) or Reflex Sympathetic Dystrophy (RSD) Lung injuries from inhaling toxic fumes or from working in factories for a long time, contracting COPD Spinal cord injuries in the neck and lower back including bulging and herniated discs, cervical and lumbar fusions, broken or fractured vertebrae, and degenerative disc disease caused from years of repetitive movement Work injuries are not always accidental The top cause of injury at work is overexertion. Injuries caused by repetitive tasks or accidents are secondary. Want to learn more? VIEW FULL GRAPHIC What types of benefits are you owed and how much? What is the extent of your injury? Unfortunately, even though the workers’ compensation system in South Carolina was initially designed to be easy to use and benefits were supposed to be easily obtained, far too many workers are unfairly denied the workers’ compensation benefits they desperately need. In these circumstances, legal action can help workers gain access to the benefits to which they are entitled. In South Carolina, two major criteria are used to determine compensation: whether your disability is temporary or permanent, and whether it is partial or total. This determination could make a big difference in what you receive. Calculating weekly benefits When calculating the amount of benefits you will receive on a weekly basis, the Judge looks at your gross average weekly wage. In most cases, an injured worker will receive two-thirds of their gross average weekly wage every week that the work injury causes them to be off work. There are a few exceptions to this general rule. If your average weekly wage is $75/week or less, then you will receive 100 percent of your wages each week that you are off. The other exception involves the state of South Carolina, every year, setting the top limit of average weekly wage that a worker can receive, no matter how much money they make in the average week. Therefore, if you are a highly paid worker and you are hurt, your weekly wage benefit will be lowered to the state mandated average weekly wage. Take steps to protect yourself If you are injured on the job, always seek medical care, even if you do not believe the injury to be serious. There are steps you can take to protect yourself. Want to learn more? VIEW FULL GRAPHIC Total Disability If your injuries are so severe that you cannot work at all, even on a light duty basis, then you can receive total disability benefits which is two-thirds of your average weekly wage. This benefit has a maximum of up to 500 weeks (approximately 9.6 years), assuming that your total disability is permanent. There is an exception to this rule, however. If your injury has caused you to suffer from brain damage or has left you a paraplegic or quadriplegic, there is no time limit and you will receive total disability benefits for the rest of your life. Your total disability benefits are two-thirds of your average weekly wage This benefit has a maximum of up to 500 weeks, unless you to suffered brain damage, or are paraplegic or quadriplegic. You can also qualify for temporary total disability benefits if you lose certain body parts, either through amputation or loss of use: Losing the use of both hands Losing the use of both arms Losing the use of both shoulders Losing the use of both feet Losing the use of both legs Losing the use of both hips Losing vision in both eyes Losing two of any of the above Partial Disability With permanent partial disability, some categories of injuries will automatically grant you wage benefits for a specific amount of weeks, regardless if you are out of work or not. Some examples of permanent partial disability benefits include: 65 weeks of payments for losing a thumb 32 weeks for losing a big toe 10 weeks for losing any other toe 220 weeks for losing an arm 195 weeks for losing a leg 300 weeks for losing up to 49 percent of the use of your back 140 weeks for losing vision in an eye (or losing the eye) This category of wage benefits is dictated by whether the partial disability is temporary or permanent. If your partial disability is of a temporary nature, then you can receive weekly wage benefits of two-thirds of your average weekly wage for a maximum of 340 weeks (approximately 6.5 years). If your injuries recover and you can return back to work without restrictions, then your weekly benefits will stop as soon as you return to work. If your injury is not permanent, you are eligible to receive benefits of two-thirds of your average weekly wage for a maximum of 340 weeks. Personal Injury Lawyers Representing Charleston & Nearby Areas of South Carolina Learn more about Workers' Compensation in South Carolina To learn more about workers' compensation in South Carolina, view or download our workers' compensation infographic. Want to learn more? VIEW FULL GRAPHIC Death benefits Unfortunately, some work injuries result in the death of a worker. In these instances, the employee’s family is awarded a certain amount of death benefits to compensate them for the loss of the income of their deceased family member. In South Carolina, the following family members are conclusively presumed to be total dependents: a spouse a child under 18 a child under 23 who is a full-time student at an accredited school, and a child of any age who is incapable of self-support due to a disability. Other people can also qualify as total or partial dependents, but only if they actually depended on the worker for financial support at least three months prior to the work accident. Death benefits are paid for a maximum of 500 weeks from the date of the injury. Benefits for children end when they reach 18, or if they are enrolled in school full time, when they reach age 23. However, children who are physically or mentally incapable of self-support will continue to receive benefits for the full 500 weeks. Further, the workers’ compensation insurance company will have to pay up to $12,000 for funeral and burial expenses. Limitations on death benefits There is a limitation to the payment of death benefits, however. The death must happen within two years of the work-related incident, or, if the worker has a continuing total disability, within six years of the work-related incident. Death benefits are calculated similarly to other types of benefits — two-thirds of the deceased workers’ average weekly wage (but capped by the state’s maximum average weekly wage which changes every year). Death benefits are paid in the following order of priority Whole dependents If there are whole dependents, they share the weekly benefit. However, if there is a spouse and two or more children, the spouse will receive at least 50 percent, and the children will share the remaining 50 percent. Partial dependents If there are no whole dependents, partial dependents will receive benefits in proportion to how much they relied on the worker’s earnings. If any of the benefit is left over, it will go to the worker’s nondependent children, or if there are none, to the worker’s nondependent parents. Nondependent children If there are no whole or partial dependents, the worker’s nondependent children will receive the benefit. Nondependent parents If there are no dependents or nondependent children, the worker’s nondependent parents receive the benefit. Workers' Compensation Frequently Asked Questions What is workers' compensation? Expand Who pays for workers' compensation benefits? Expand How do I file a South Carolina workers' compensation claim? Expand What can disqualify me from South Carolina workers' compensation? Expand Can I be compensated for missing time from work? Expand Do I have to work if my doctor approves “light duty” work? Expand How does the workers’ compensation judge calculate how much money you get? Expand How long does workers’ compensation last? Expand I was injured on the job. Can I file a suit against my employer? Expand What are some of the most common work related injuries? Expand What does Partial Disability mean under South Carolina’s workers’ compensation law? Expand What does Total Disability mean under South Carolina’s workers’ compensation law? Expand What if I’ve seen my company doctor but want a second opinion? Expand What if the employee dies due to a work injury? What kind of benefits does the family get? Expand Why do I need a workers’ compensation lawyer? Shouldn’t I just contact the insurance company by myself? Expand See More Workers' Comp FAQs FREE CONSULTATIONS If you are injured at work, the best thing to do is to contact the workers’ compensation lawyers at the Steinberg Law Firm. We have helped hundreds of injured workers get the benefits they deserve and helped to protect them and their families from financial ruin. There is no downside to contacting us to help you with your work injury claim. The initial consultation is free. WORKERS' COMPENSATION NEWS Can I Switch Injury Attorneys if I am Unhappy? Changing Injury or Workers’ Compensation Attorneys During Your Case Is Possible When it comes to selecting an attorney, you want the best person qualified to represent you. But what if you selected your attorney, and… READ MORE My Co-Worker Refuses to Get Vaccinated. Can I Sue Them If I Get COVID From Them? The COVID-19 pandemic suddenly turned every workplace into a potentially dangerous one. Even those working in jobs that presented a low risk of injury or illness before the pandemic now face a very serious risk… READ MORE Steinberg Law Firm named 2021 Charleston’s Choice Winner for Best Workers’ Compensation Law Firm Recently, the Charleston Post and Courier released the results of its annual Charleston’s Choice Awards. The Charleston Choice Awards are awarded based on community nominations for the best businesses across 300 categories. In 2021, more… READ MORE Steinberg Law Firm Commercial Urges Injured Health Care Workers To Get Help “You spend your life taking care of others. So, when the unexpected happens, and you are injured at work, let the Steinberg Law Firm take care of you. Steinberg Law Firm, get the firm behind… READ MORE Steinberg Law Firm Releases New Commercial on YouTube Recently, the Steinberg Law Firm, a premier Charleston workers’ compensation law firm, released a YouTube commercial highlighting the firm’s commitment to South Carolina employees and workplace safety. The new ad is the latest effort by… READ MORE Falls From Roofs May Mean You Are Entitled to Workers’ Compensation Benefits South Carolina Attorneys for Fatal Construction Accidents Recently, our attorneys fielded three calls in one week from workers who were injured on the job when they fell off a roof or ladder. These falls often… READ MORE Who Will Stand Up for Our First Responders? By Catherine D. Meehan, RN, JD Fourteen years ago, the Workers’ Compensation Commission denied compensation to a crime scene investigator (CSI) who suffered a mental breakdown following her investigation of a particularly horrific death. She… READ MORE Attorney Thomas White of Steinberg Law Firm Obtains $3.2 Million on Behalf of Paralyzed Client in Recent South Carolina Workers’ Compensation Case In July of this year, Charleston personal injury attorney Thomas White of Steinberg Law Firm and Peter David Brown helped secure a settlement award of $3.2 million in a South Carolina workers’ compensation case. The… READ MORE Occupational Diseases and South Carolina Workers Compensation: Muir v. C.R. Bard The ruling of Muir’s case helped to pave the path for the rights of all healthcare workers who face exposure to infectious diseases while performing their essential jobs. READ MORE What Our Clients Say About Us I am very pleased with my experience I have, and will continue to recommend The Steinberg Law Firm. They have worked very hard on my behalf. - Sharon It is hard to really put in writing how much Tom was there for me He really did such an unbelievable job. Even when the settlement was made, he returned a text with a call to share in the joy over another medical event we were going through, that had a great outcome. Yes, they really do care. - Dave I would highly recommend them Enjoyed the fact that every time I called, someone called me back. It made me feel like my case mattered, and that I mattered. They answered all of my questions and concerns in a timely manner. - Paula They will go the extra mile for you David Pearlman and his staff did an exceptional job on my claim. Mr. Pearlman was honest, patient and steered me in the right direction. A’Riel was always nice and very helpful. I would recommend them to everyone. - Brenda I would never seek help from any other Firm! The lawyers and their staff are very professional, caring about your situation! They are one of a kind!Get this Firm behind you and you will never be sorry! - Dori It was a pleasure working with Steven Goldberg and his staff They were courteous and professional. They maintained regular contact for status reports on my case and provided needed documentation on a timely basis. I would recommend this firm. - James READ MORE TESTIMONIALS Contact Us 24/7 For a Free Consultation CHARLESTON Charleston Office 61 Broad St Charleston, SC 29401 Phone: (843) 720-2800 GOOSE CREEK Goose Creek Office 118 S Goose Creek Blvd Goose Creek, SC 29445 Phone: (843) 720-2800 SUMMERVILLE Summerville Office 103 Grandview Drive Summerville, SC 29483 Phone: (843) 720-2800 Office Hours: Monday – Thursday: 8:30 AM – 5:30 PM Friday: 8:30 AM – 5:00 PM Our Attorneys FAQs Results Sitemap The Steinberg Legacy Blog Review Steinberg Law Firm © 2021 The Steinberg Law Firm Articles Sitemap Locations Privacy Disclaimer Accessibility Statement PHONES ANSWERED 24/7 The information presented on this website should neither be construed as formal legal advice nor the formation of a lawyer or attorney-client relationship. Please contact a South Carolina personal injury lawyer at The Steinberg Law Firm for a consultation on your particular legal situation. Verdict and settlement information presented on this website reflect gross numbers, before attorney’s fees, costs, and expenses are deducted. Any result the lawyer or law firm may have achieved on behalf of one client in one matter does not necessarily indicate similar results can be obtained for other clients. Cases will be handled by a lawyer at The Steinberg Law Firm, who practices at 61 Broad Street, Charleston SC; 118 Goose Creek Blvd S, Goose Creek SC; or 103 Grandview Drive North Charleston | Goose Creek | Summerville | Mount Pleasant | Hanahan | Ladson | Ravenel | Moncks Corner | Awendaw | Throughout all of South Carolina