Workers’ Compensation Lawyers in Columbia, SC

Columbia Workers Compensation Attorney

As Columbia workers’ compensation attorneys with a long history of handling Columbia accidents and injuries, the lawyers at Peake & Fowler have assisted many people with on-the-job injuries. This includes those from construction and other workplace incidents.

When a person is hurt while working, the best path to receiving payment is not always a lawsuit based on negligence. 

It is often the pursuit of a claim for workers’ compensation benefits.

Our Columbia workers’ compensation attorneys are well-versed in handling workers’ comp benefits. This includes providing representation at informal conferences, hearings, and appeals before the South Carolina Workers’ Compensation Commission or in state court. We understand the specific legal framework that governs these cases and know how to present a claim effectively to secure a fair outcome for our clients.

As your Columbia workers’ compensation attorneys, we also help ensure that all necessary paperwork is correctly filed and that all deadlines are met. This is a crucial part of a successful claim. The process can be complex, and we are dedicated to guiding our clients through each step, making sure they are informed and comfortable with the process as it moves forward. 

Our approach is to be both thorough and communicative, providing a clear path to resolution for those facing the challenges of a workplace injury. We focus on a wide range of work-related incidents, from sudden, traumatic accidents to repetitive-motion injuries that develop over time.

The Purpose and Reality of Workers’ Compensation

What is Workers’ Compensation?

Workers’ compensation was created as a system to provide an injured worker with a way to receive payment for medical costs and lost wages without the need to prove fault. This system was designed to be a clear and guaranteed route to benefits. It serves as a tradeoff where workers give up the ability to sue their employer for damages in exchange for this more streamlined process. For most work-related injuries, a lawsuit against an employer is not permitted under South Carolina law.

Challenges in the System

While the system’s design is intended to be quick and certain, the reality is that obtaining workers’ compensation benefits can be neither. Many injured workers face significant delays and challenges. To have a successful claim, a worker must provide solid documentation of the injury, supported by medical reports and evidence that the accident happened in the course of and as a result of their employment.

Meanwhile, employers and their insurance companies may use various tactics to object to claims, working to limit or deny the benefits paid. They might question the severity of the injury, argue that the injury was not work-related, or challenge the necessity of the medical treatment being sought. 

This opposition can make a complex process even more difficult for someone who is already dealing with the physical and emotional stress of an injury. Understanding the nuances of this system and how to navigate these challenges is essential for a worker to receive the full benefits they are entitled to.

The Role of Columbia Workers’ Compensation Attorneys in Workers’ Compensation Claims

Filing Your Claim

At Peake & Fowler, our South Carolina workers’ compensation lawyers work to ensure that your claim is properly and completely filed. 

Our aim is to help you get the appropriate level of benefits for your illness or injury. We stand up to employer and insurer objections and can appeal claim denials to the relevant authority, using our deep knowledge of the legal system and litigation to provide you with determined and helpful representation.

Pursuing Additional Compensation

We can also provide legal counsel and representation in civil litigation if your workplace incident was caused by your employer’s reckless actions, an intentional act, or the carelessness of a third party who is not your employer. 

In a third-party claim, the goal is to recover additional compensation for pain and suffering and other damages that are not available through the workers’ compensation system. These cases often involve injuries caused by negligent drivers, defective machinery, or unsafe conditions on a job site maintained by a separate company.

Our Commitment to You

Our lawyers take a comprehensive approach to help you secure all the payments available to you. We consider all potential avenues for compensation, including social security disability benefits, where that may be an option. We are committed to making sure your rights are protected throughout the entire process, from the initial filing of your claim to any necessary hearings or appeals.

Our focus is on achieving the best possible outcome for your specific situation. We are here to support you in securing the financial and medical resources you need to recover and move forward. We understand the difficulties you are facing and are prepared to advocate for your best interests with dedication and care.

Common Injuries that Happen in the Workplace

All employees run some risk of getting injured on the job, but there are some industries where workplace injuries happen more frequently. These include:

• Construction
• Landscaping
• Manufacturing
• Farming
• Fishing
• Logging
• Oil and Gas
• Power Line/Utilities
• Warehouse/Shipping
• Industrial
• Garbage Collectors
• Commercial Drivers

Workers in these and other dangerous industries are more likely to experience various accidents and injuries while on the job. These include:

• Slips, trips, and falls;
• Being hit by, struck against hard objects;
• Muscle strains/overexertion;
• Back and neck injuries;
• Repetitive stress injuries;
• Carpal tunnel syndrome;
• Construction accidents;
• Industrial accidents;
• Machinery accidents;
• Electrical accidents;
• Cuts and lacerations;
• Crush injuries/loss of limbs;
• Vehicle crashes and collisions;
• Exposure to toxic substances.

These types of injuries can be serious and sometimes fatal, leaving injured workers and those closest to them with severely diminished income and a lot of fear and uncertainty about the future.

What Does Workers’ Compensation Cover?

As mentioned previously, workers’ comp benefits cover all necessary medical expenses for an injured worker, along with two-thirds of their average gross weekly wage for the time missed from work. There is a cap on the amount of weekly pay a worker can receive, which is adjusted annually, and if an employee is able to come back to work but not perform all of the duties they were able to before the injury, then they receive two-thirds of the difference in pay between the wage they received before and after their work-related injury.

If an employee is found to have a permanent disability that stems from their workplace injury, then they would be eligible for workers’ compensation benefits for life. This could be for a permanent total disability in which the worker is no longer able to participate in any type of gainful activity, or it could be a permanent partial disability in which the employee can still do some limited work, but they are not able to return to their previous job. The benefits the employee is eligible to receive are calculated based on the type and severity of the disability.

There are some additional expenses that can be covered by workers’ comp insurance. These include:

• Mileage reimbursement for travel to and from doctor appointments;
• Vocational training for a new position if the employee cannot go back to their previous job;
• Funeral and burial costs for loved ones of a worker who is killed on the job.

Workers’ compensation is very helpful in recovering reimbursement for direct economic losses that an injured employee suffers, but unfortunately, it does not allow for the recovery of noneconomic losses such as pain and suffering, psychological distress, and diminished quality of life.

Was your Workplace Injury Caused by a Third Party?

Although you may not be able to sue your employer directly, there are many instances in which it might be possible to bring a personal injury claim against another party that was responsible for the accident.

Examples of scenarios when a third party might be at fault for a work-related accident include:

• A subcontractor that is working nearby an employee causes the accident or contributes to it;
• An employee is out driving while on the clock picking up supplies or making a work-related delivery and another vehicle crashes into them;
• An employee is injured in a slip and fall accident while attending a work-related function off-site;
• An employee is injured by a piece of defective machinery or equipment that malfunctions while they are operating it.

If any of these situations are similar to what you experienced and/or you believe another party might be liable or your workplace accident, get in touch with us right away for a thorough evaluation of your case. The sooner you get an experienced attorney involved, the better your chances of successfully pursuing every potential legal avenue for recovering maximum compensation.

Contact our Knowledgeable and Compassionate South Carolina Workers’ Compensation Lawyers

If you or someone close to you has suffered a work-related injury or illness in South Carolina, you have the right to benefits through your employer’s workers’ compensation insurance. You may also have the right to recover damages over and above what is available through workers’ comp if a third party was involved in the accident or event. Recovering the compensation that you are due is not always easy, however, and employers often put up unnecessary roadblocks designed to frustrate workers into giving up.

At Peake & Fowler, we understand the physical, emotional, and financial toll workplace injuries take on workers and their families, and we are here to provide strong legal guidance and moral support during this difficult time. To schedule a free consultation with one of our attorneys, message us online or call our Columbia, SC office today at 803-788-4370. We look forward to serving you!