Workplace Accident Attorneys in Columbia, SC

When someone gets hurt at work, it has a major impact not only on themselves, but those around them. A workplace injury puts enormous emotional and financial stress on households, because the primary breadwinner is out of work. This often means a spouse has to take on extra work just to make ends meet while also trying to care for their injured mate. Children are also deeply affected by this, and depending on their age, they may not fully understand what is happening and why.

Many occupations, such as construction and manufacturing, are inherently dangerous, but workplace safety is a concern no matter what industry or occupation you are in. If you have been injured on the job, there may actually be multiple sources of compensation available to you, but without knowing the proper steps to take, you may unknowingly give up your rights to all of the compensation that is due to you. For this reason, it is always best to at least speak with an experienced workplace accident lawyer, so you fully understand your legal rights and options.

The personal injury attorneys at Peake & Fowler have decades of experience helping injured workers in Columbia and nearby South Carolina communities recover for the medical bills, lost wages, pain and suffering and other damages that may be available in an on-the-job injury. Our lawyers have in-depth knowledge of this area of the law, and we work closely with our clients, exploring every potential legal avenue toward recovering the compensation they deserve.

We help people injured in any type of workplace accident, including:

Understanding Workplace Accidents

Workplace accidents can happen in any industry, from offices to construction sites to factories. These incidents can lead to serious injuries, lost wages, and long-term health problems.

When an accident occurs, it’s important to know that you may be entitled to workers’ compensation benefits, regardless of who was at fault for the accident. Workers’ compensation is a no-fault insurance system designed to provide medical treatment, wage replacement, and other benefits to employees who are injured during their employment.

Construction is known as one of the most dangerous industries. Workers on construction sites face unique hazards daily, leading to a higher rate of accidents and injuries compared to many other professions.

Due to the nature of the work, construction sites often involve heavy machinery, working at heights, and exposure to various dangerous materials. When an accident happens on a construction site, the injuries can be severe and life-altering.

Common Construction Site Dangers

Many types of accidents can occur on a construction site. These often involve specific equipment or situations. Understanding these common dangers can help highlight the risks involved in construction work.

Scaffold Collapses

Scaffolds are temporary structures used to support workers and materials at height. A scaffold collapse can be catastrophic, leading to falls from significant elevations. These accidents often result from improper assembly, overloading, or defective materials. Injuries from scaffold collapses can include broken bones, head trauma, spinal cord injuries, and even death.

Ladder Falls

Ladders are common tools on construction sites, but they are also a frequent source of accidents. Falls from ladders can occur if the ladder is not properly secured, if it’s placed on an uneven surface, or if a worker loses their balance. Even a fall from a relatively low height can cause serious injuries, such as fractures, concussions, and sprains.

Forklift & Crane Accidents

Forklifts and cranes are essential for moving heavy materials on construction sites. However, they can be incredibly dangerous if not operated correctly or if they malfunction. Accidents involving forklifts can include tipovers, workers being struck by the vehicle, or loads falling. Crane accidents can involve the crane collapsing, loads dropping, or workers being crushed by moving parts. These types of accidents often lead to severe crush injuries, amputations, or fatalities.

Trenching & Excavation Accidents

Trenching and excavation work involves digging into the earth, which poses the risk of collapse. A trench collapse can bury workers alive, leading to suffocation or severe crush injuries. These accidents often happen when trenches are not properly shored or sloped to prevent collapse, or if heavy equipment vibrates the surrounding earth.

Gas Leaks, Fires, and Explosions

Construction sites can involve the use of flammable materials, gases, and electrical systems, all of which present a risk of fires and explosions. Gas leaks can lead to dangerous accumulations that ignite, causing severe burns, respiratory issues, and other internal injuries. Explosions can result in widespread trauma, including concussions, eardrum ruptures, and shrapnel wounds.

Electrocution Accidents

Working with power lines, electrical equipment, and power tools on construction sites carries a high risk of electrocution. Contact with live wires or faulty equipment can lead to severe burns, heart damage, nerve damage, and even death. Proper lockout/tagout procedures and electrical safety measures are crucial to prevent these types of accidents.

Exposure to Toxic Substances

Construction workers can be exposed to various toxic substances, including asbestos, lead, silica dust, and chemicals from paints and solvents. Long-term exposure to these substances can lead to serious health problems, such as respiratory diseases (like asbestosis or silicosis), cancers, and neurological damage. These illnesses may not appear until years after the initial exposure.

OSHA’s “Construction’s Fatal Four”

The Occupational Safety and Health Administration (OSHA) is a federal agency that sets and enforces standards for safe and healthful working conditions. OSHA has identified four leading causes of fatalities in the construction industry, which they call “Construction’s Fatal Four.” These four types of accidents are responsible for a significant percentage of construction worker deaths. More than one out of every five workplace injuries occur in construction, and roughly 60% of construction injuries are caused by one of these four hazardous events.

Falls

Falls are by far the leading cause of death in construction. This includes falls from roofs, ladders, scaffolds, and through unguarded openings. These accidents can often be prevented with proper fall protection equipment, such as safety harnesses, guardrails, and safety nets.

Being Struck By/Struck Against a Hard Object or Surface

This category includes injuries from being hit by falling objects, moving vehicles, or collapsing structures. Examples include being hit by a swinging crane load, struck by a backing vehicle, or hit by tools or materials falling from above. Proper training, clear communication, and maintaining safe work zones are crucial to prevent these accidents.

Electrocutions

As mentioned earlier, electrocution remains a major cause of fatalities in construction. This involves contact with power lines, live circuits, or faulty electrical equipment. Implementing strict electrical safety protocols, de-energizing circuits, and using insulated tools are vital to prevent electrocution.

Being Caught In-Between/Crush Injuries

These injuries occur when a worker is squeezed, compressed, or caught between two objects. This can happen in trench collapses, when caught between machinery and a wall, or when pulled into unguarded machinery. Proper shoring, machine guarding, and clear communication in confined spaces are essential to prevent these severe crush injuries.

OSHA states that if the “Fatal Four” could be eliminated, nearly 600 American workers’ lives could be saved each year. This highlights the critical importance of safety measures and compliance with OSHA regulations in the construction industry.

Industrial and Manufacturing Accidents: Risks in Production

While construction has its unique dangers, industrial and manufacturing settings also present a significant number of workplace hazards. Factories, production lines, and industrial plants involve complex machinery, chemicals, and repetitive tasks that can lead to various types of injuries.

Electrocution Accidents

Just like in construction, electrocution is a serious risk in industrial settings, especially where heavy machinery and complex electrical systems are in use. Faulty wiring, ungrounded equipment, and failure to follow lockout/tagout procedures can lead to severe and often fatal electrical shocks.

Toxic Exposure

Industrial workers can be exposed to a wide range of toxic substances, including chemicals, solvents, heavy metals, and hazardous gases. Exposure can occur through inhalation, skin contact, or ingestion. Long-term exposure can lead to chronic illnesses, organ damage, respiratory problems, and various forms of cancer. Immediate exposure to high concentrations can cause acute poisoning or chemical burns.

Faulty Equipment & Machinery

Manufacturing plants rely heavily on machinery, from assembly lines to presses and cutting tools. When this equipment is faulty, poorly maintained, or lacks proper safety guards, it can lead to devastating accidents. Injuries can include amputations, crush injuries, lacerations, and broken bones when workers get caught in moving parts or are injured by malfunctioning machinery.

Chemical Burns

Many industrial processes involve the use of corrosive chemicals. Accidental spills, splashes, or leaks can result in severe chemical burns to the skin, eyes, or respiratory tract. These burns can cause permanent tissue damage, scarring, and long-term health complications.

Repetitive Motion Injuries

Even seemingly harmless tasks can lead to injuries over time, especially in manufacturing environments where workers often perform the same motions repeatedly. Repetitive motion injuries, also known as cumulative trauma disorders (CTDs), include conditions like carpal tunnel syndrome, tendonitis, and back injuries. These injuries develop gradually due to overuse and improper ergonomics and can lead to chronic pain and disability.

Seeking Help After a Workplace Accident in South Carolina

If you have been injured in any type of workplace accident in South Carolina, it is crucial to understand your rights and the steps you should take. The workers’ compensation system can be complex, and navigating it alone can be challenging, especially while recovering from an injury.

First, it is important to report your injury to your employer as soon as possible. Delaying this step can sometimes jeopardize your claim. Seek immediate medical attention for your injuries. Document everything: your injuries, the accident scene, any conversations with your employer, and medical treatments.

Workers’ compensation benefits can cover medical expenses related to your injury, a portion of your lost wages while you are unable to work, and potentially benefits for permanent disability if your injury has long-term effects.

Navigating the workers’ compensation system can be complex. There are deadlines for reporting injuries, specific forms to fill out, and often, disagreements with insurance companies about the extent of injuries or the benefits owed. Having legal guidance can make a significant difference in the outcome of your claim.

A qualified legal professional who is focused on workers’ compensation can help you understand your rights, ensure all necessary paperwork is filed correctly and on time, gather evidence to support your claim, and negotiate with insurance companies on your behalf. They can also represent you in hearings if your claim is denied or disputed. Their goal is to ensure you receive the full benefits you are entitled to, allowing you to focus on your recovery without the added stress of legal and financial battles.

These are injuries you could have sustained from repetitive actions such as swinging a hammer, moving boxes, or even typing.

Causes of Workplace Accidents and Sources of Compensation

An on-the-job injury could be caused by a lack of training or supervision among fellow co-workers, or due to a lack of company policies that value safety, resulting in the failure to provide or require safety gear, or the failure to maintain equipment and machinery in a safe condition.

There are several potential sources of compensation for a workplace injury, these include:

Workers’ Compensation

In most cases, work-related injuries that happen in the Palmetto State are handled through the South Carolina workers’ compensation system. Workers’ comp is a system that is set up to provide benefits to injured workers regardless of who was at fault for the workplace accident. There are some exceptions to this, such as injuries that are self-inflicted or occur because an employee violated company policy (e.g., drinking on-the-job), but for the most part, if an employer has workers’ compensation insurance, an employee who suffers a work-related injury or illness should be eligible for benefits.

There are several different types of benefits that are provided by workers’ compensation:

• Medical Costs: Reimbursement for necessary medical treatment related to your injury.

• Rehabilitation Costs: This covers the cost of medical and therapeutic care (such as physical therapy) that may be needed to recover from the injury. It may also cover vocational rehabilitation, such as the cost of retraining for a different position if you are no longer physically able to return to your current one.

• Temporary Total Disability: If your workplace injury makes you unable to work at all for a temporary period of time but you might be able to come back to your job in the future, you may be eligible for temporary disability payments, which reimburse you for a percentage of your lost wages for the time you are out of work.

• Temporary Partial Disability: If you are not able to go back to your current job for the time being but you are able to do some limited work, you can receive payments to help make up the difference between your pre-injury earnings and what you are able to earn now.

• Permanent Partial Disability: If your workplace accident caused a permanent injury that allows you to only do limited work from now on, you can receive benefits to compensate you for the injury.

• Permanent Total Disability: If your injury was permanent and debilitating, leaving you unable to perform any type of gainful activity at all, you can receive reimbursement for a percentage of the lost wages you would be projected to earn in the future.

• Death Benefits: If you lost a loved one due to a workplace accident, you can receive death benefits to compensate you for a percentage of your loved one’s lost earnings as well as some funeral and burial costs.

Personal Injury Claim against your Employer

In general, employers with workers’ compensation insurance are immune from lawsuits brought by an employee who is injured in a workplace accident. However, there may be times when you can sue your employer for damages if your injury was caused by their reckless, intentional or illegal conduct. One example may be if your employer ordered you to do something in violation of state or federal safety laws, or if the employer removed a safety guard from a piece of equipment so that work would go faster.

Deliberate intent claims against employers are only allowed in limited cases, and the burden of proof is placed heavily on the employee to show that they have legal standing to bring this type of claim. If you are considering going down this road, it is strongly advised that you speak with an attorney who has specific knowledge of this area of the law, so you can be informed on whether or not this is a viable option.

Personal Injury Claim against a Third Party

It may also be possible to sue for an on-the-job injury which was caused by someone other than the employer or a co-worker. This is known as third party liability. It could apply to an injury caused by a defective power tool or other machinery or equipment, a subcontractor working nearby the employee who causes the workplace accident, or a car accident which occurred while on the job, for instance.

If you are able to bring a personal injury claim against your employer or a third party, you may be able to recover damages not only for direct economic losses such as medical bills and lost earnings, but also for non-economic losses such as pain and suffering, emotional distress, and diminished quality of life. Speak with our office to find out if a personal injury action is possible in your case.

Act Quickly to Secure Your Rights in a Workplace Accident

In order to protect your right to workers’ compensation or other compensation in the event of a workplace accident or injury, you must often act fast to notify your employer of the accident and take the appropriate required steps. If you are unsure what to do, contact Peake & Fowler for a free consultation. We will listen to your situation and advise you of your rights and take the necessary steps to help ensure that you receive all of the compensation due to you in your unique circumstances. We can also help with workers’ comp claims that have been denied. Call our office in Columbia at 803-788-4370 or message us online to speak with a member of our legal team.