Lifting Injuries in South Carolina
Work-related injuries, such as bulging or herniated discs resulting from a lifting accident, can cause great hardship for a worker. Medical expenses and lost earnings can quickly mount, causing financial difficulties. In some cases, the worker never fully recovers from his or her injuries and must seek a different kind of employment. Some people hurt on the job are never able to return to any gainful employment at all. Fortunately, there are laws that protect the rights of workers who suffer lifting injuries on the job. At Grimes Teich Anderson, LLP, our South Carolina lifting injury lawyers handle a wide variety of cases involving workers in many different industries. Some of the most common fields in which these injuries occur in South Carolina include the health care industry, the manufacturing industry, the food services industry, the construction industry, and the transportation and utilities industries.
Under the current South Carolina workers’ compensation system, an employee who is hurt on the job is entitled to certain benefits, provided that he or she complies with requirements such as reporting the injury in a timely fashion and requesting appropriate medical care. Almost all workers in the state are covered by workers’ compensation, although there are a few exceptions (agricultural or casual workers, federal employees, railroad workers, and people who work for businesses that employ fewer than four people). Generally speaking, a report of injury must be made within 90 days, and a formal claim for compensation needs to be filed within two years. Waiting until the last minute to report an injury or file a claim is generally not a wise plan, since an employee can jeopardize his or her rights by not taking prompt action. Our lifting injury attorneys can ensure that South Carolina residents meet the deadlines in their case.Determining Compensation Following a Lifting Injury
People who qualify for workers’ compensation may be entitled to several types of benefits, including necessary medical treatment at the expense of their employer or its insurance company, although care may be provided by a “company doctor,” rather than the employee’s usual physician. They also may be able to receive temporary disability payments, in addition to permanent partial or permanent total disability benefits. Unfortunately, these benefits do not fully replace the wages lost by a worker who is out of work for weeks or months due to a lifting injury or another on-the-job accident, such as a construction site accident, nor does a worker who is permanently disabled receive the same level of compensation that he or she might receive in a traditional negligence action arising from an accident. The good news is that workers’ compensation claims do not require the employee and their South Carolina lifting injury attorney to prove fault by the employer, and the employee’s benefits are not reduced even if he or she was negligent in causing the lifting injuries.
In many cases, an employee is limited to the benefits available to him or her through the South Carolina workers’ compensation system. However, there are instances in which a third-party claim for additional compensation may be possible. For example, in an accident arising from an equipment failure, the injured worker may be able to assert a product liability claim against the seller, wholesaler, or manufacturer of the allegedly defective equipment. (However, any funds received through a third-party action would be subject to a subrogation claim for money paid out by the employer or its insurance company on the workers’ compensation claim.)Contact an Experienced Lifting Injury Lawyer in South Carolina
At Grimes Teich Anderson, LLP, we regularly represent workers from Greenville, Spartanburg, Gaffney, and other South Carolina cities in workers’ compensation claims based on back injuries and other harm caused by lifting activities. If you or a loved one has suffered a lifting injury or another accident or illness on the job, we urge you to contact us for a free case evaluation as soon as possible. Sitting on your legal rights can result in many unnecessary complications later, including possibly having your case barred altogether. For an appointment, call us today at 800.533.6845 or contact us online. Our attorneys also can assist you with pursuing Social Security Disability benefits if your injury has caused you to be totally unable to work.