Workers Compensation Claims
South Carolina Workers Compensation Claims Lawyer Fighting For Justice
Your employer maintains workers’ compensation insurance to cover injuries sustained while you are on the job. In order to process your claim after you are injured, your company’s insurer will have its doctor verify your condition and evaluate your ability to return to work. At McGowan, Hood, Felder & Phillips, LLC, our South Carolina injury lawyers assist clients in preparing all necessary paperwork and medical documentation while taking steps to protect their job. If your employer tries to intimidate or coerce you into returning to work before you are ready, we are ready to undertake any necessary legal action to prevent this abuse. In cases where medical personnel downplay or dismiss injuries, we refer clients to medical specialists who may dispute the findings of your employer’s doctor.
Workers’ compensation regulations vary state-by-state. In South Carolina, essentially all employers must provide workers’ compensation insurance. The state mandates that it is illegal for you to pay for medical treatment resulting from a job-related injury, and it is illegal for you to have to pay any of the insurance premiums for workers’ compensation. Workers’ compensation laws allow for sure, prompt and reasonable income and medical benefits to work-related accident victims, regardless of fault.
If you would like more information on workers’ compensation and more details on how we can help you, contact a South Carolina personal injury attorney at McGowan, Hood, Felder & Phillips, LLC. Our Rock Hill, Columbia, Sumter and Anderson office locations represent clients in Charleston, Greenville, Orangeburg, Myrtle Beach and Florence. Remember, workers’ compensation claims are time sensitive, and you have up to two years to file a claim for benefits because of injuries at work. Contact us now.
Injuries at work can occur even if you do not work in a high-risk workplace. For example, a faulty chair could cause a back injury, or a slippery bathroom could cause a broken leg. Jobs involving manual labor have the potential to cause even more bodily harm. A South Carolina injury attorney at McGowan, Hood, Felder & Phillips, LLC can assist you if you sustain injuries on the job. You have rights to pursue benefits for medical bills and time lost from work.
Our South Carolina injury lawyers represent clients who suffer from the following kinds of work-related injuries:
- Back injuries
- Head trauma
- Broken bones
- Herniated disc
- Burn injuries
- Spinal cord injury
- Construction accidents
- Toxic exposure
- Carpal tunnel syndrome
- Repetitive stress disorder
- Emotional or psychological illness
If you do sustain an injury at work, report all injuries to your employer immediately and seek medical help. You may lose benefits if you neglect to report the injury within 90 days of the accident.
The state of South Carolina defines most workplace injuries as an accident that occurs at a specific place and time. Most people tend to think that a workers’ compensation injury occurs because of an accident at work. However, a South Carolina injury attorney from McGowan, Hood, Felder & Phillips, LLC can tell you that regulations protect workers for any work related injury that occurs over time due to exposure to workplace hazards that are common to a specific occupation or industry. This type of work related injury is commonly referred to as an “occupational disease” workers’ compensation case.
Our firm currently represents hundreds of workers previously employed at a shut down plant in Rock Hill, South Carolina who experienced occupational exposure to dangerous chemicals. This plant closed down many years ago. Many workers think they do not have a viable claim for a disease or condition that strikes them 20 or 30 years after their employment has ceased. However, there may be times that someone has a viable workers’ compensation claim, even in situations where they have not worked at a particular facility for many years.
If you can no longer work because of an occupational disease or you have developed a medical condition because of past exposure to dangerous chemicals or compounds, you likely will need a South Carolina injury lawyer experienced in this complex area of the law. If you are unsure whether you have an occupational disease case or whether you qualify for workers’ compensation benefits, contact our South Carolina injury attorneys at McGowan, Hood, Felder & Phillips, LLC. The attorney who works on workers’ compensation cases for our firm, Ernie Peagler, can help you get qualified for your rightful workers’ compensation benefits.
Long-term exposure to certain chemicals or toxins in the workplace can lead to occupational lung disease, cancer or other serious and debilitating illness. Inhalation of asbestos by construction workers, miners, and other industrial workers can lead to asbestosis (chronic and severe shortness of breath) and mesothelioma (lung cancer). Byssinosis (brown lung disease) is another common work related lung ailment, linked to breathing cotton fibers in textile plants. Many workers in cotton mills have this type of claim.
Workers in other industrial settings may develop asthma, brain damage, nerve damage, organ damage, malignant tumors or other permanent effects of repeated on-the-job exposure to benzene, solvents, preservatives and other chemicals routinely used at the worksite.
Repetitive Strain Injury (Cumulative Trauma Disorder)
The muscles, tendons and ligaments of the body can wear out from repeated motions. The resulting injuries from repetitive tasks are not visible, but they can be excruciating and disabling. Carpal tunnel syndrome is one type of repetitive stress injury. Another common repetitive strain injury is painful inflammation or incapacitating tissue tears in the shoulders, elbows, wrists and hands of textile workers, poultry and meatpacking workers, factory assembly workers and other occupations. However, these cases are harder to prove because of the difficulty of gauging “soft tissue” damage and the problem of proving that it is work related.
Third Party Liability: Injuries Caused by Others
If a third party caused your injury, including a contractor or subcontractor hired to perform a job at your work site, your workers’ compensation may not be enough to cover your medical expenses and lost wages. At McGowan, Hood, Felder & Phillips, LLC, a South Carolina injury lawyer will not only assist you in filing for workers’ compensation but will also pursue damages against the third party responsible for causing your injuries. This is especially important in cases where your injuries are severe or involve vocational rehabilitation workers’ compensation or disability.
Not Sure What the Next Step Is? Give Us a Call
If you are not sure what you need to do to initiate benefits and protect your job, we can help. We will review your case and explain alternatives to consider, such as Social Security Disability benefits, if returning to work is unlikely for you.
To schedule a free consultation, contact a South Carolina injury attorney at McGowan, Hood, Felder & Phillips, LLC today. We can make a difference. Your life is our mission.