Columbia Workers’ Compensation Attorneys
On-the-job injuries and illnesses not only make it difficult to perform your job; they can also lead to mounting medical bills and time off work, causing extreme financial hardship and stress.
If you’ve been injured on the job in South Carolina, you’re likely entitled to workers’ compensation benefits to cover your medical expenses and lost wages. Unfortunately, many workers are wrongfully denied these benefits or offered far less than they deserve. At Smith Born Leventis Taylor & Vega, LLC, we believe every employee is entitled to a safe workplace environment.
When on-the-job accidents or injuries occur, you shouldn’t have to worry about affording your medical care or paying your bills. Our team of experienced work injury attorneys in Columbia is here to help protect your rights and pursue maximum compensation after a work injury or illness.
Schedule your initial consultation by calling us at (803) 599-2207 or using our online form.
Our Satisfied Clients
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“Being involved in a life-changing event is when you realize that we are really not in control of our lives and how we choose to handle it is where we find our character. Thank God for my legal team, Jacob and Erica, and everyone else involved.”- Former Client
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“George kept me informed and gave loving advice all the way through. I could call him when I needed. He recognized my personal, mental and physical struggles. You can trust in him. GOD knew EXACTLY what he was doing when he made him.”- Former Client
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“He was patient, listened, considerate, explained things to me that my previous attorney did not, and broke every part of my case down so I was sure to understand every aspect of my case before leaving his office.”- Cassandra J.
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“Promises were kept and interactions were both personal and professional. I would highly recommend Mr. George and his firm to anyone in need of legal help.”- Former Client
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“I had a workers compensation claim that my wonderful lawyer Lawton Harper was able to help me with. He was very attentive to detail and was able to get me the maximum claim I deserved!”- Former Client
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“When my case took a hit from the doctor’s final impairment rating, Danny didn’t give up – he went full force and earned me a fair settlement!”- Former Client
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“Lawton Harper has been amazing helping me with my works compensation case. He explained everything about what to expect throughout the case and was there for any questions or concerns I had.”- Kai P.
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“He was very attentive to detail and was able to get me the maximum claim I deserved!”- Former Client
Workers' Comp FAQ
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Who pays for workers’ comp insurance?
By law, most South Carolina employers with 4 or more employees (full- or part-time) must carry workers’ compensation insurance. The employer pays premiums on the policy, and the South Carolina Workers’ Compensation Commission oversees the program.
Workers’ compensation insurance is a form of no-fault insurance, which means that a worker doesn’t have to prove their employer was at fault for their injury or illness to get workers’ comp benefits.
In most cases, a worker only needs to prove that their injury or illness occurred at work or resulted from their work environment.
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What benefits are injured workers entitled to?
In South Carolina, employees who become injured on the job can receive the following types of benefits:
- Medical benefits. These cover all reasonable and necessary medical expenses related to a work injury, such as doctor visits, surgery, hospital stays, medication and rehabilitation.
- Wage replacement benefits. Workers are entitled to two-thirds of their average weekly wage if they cannot work because of a work injury or illness. They may receive this benefit temporarily or permanently.
- Permanent disability benefits. Injured workers who sustain permanent disability due to a work-related injury or illness may receive permanent disability benefits. The worker’s wages before the injury, the injury’s severity, and other factors determine the amount of disability payments.
- Death benefits. If a worker dies because of a work injury, their dependents are entitled to benefits to cover funeral expenses, medical bills and lost income.
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What types of injuries are covered under workers’ comp?
Workers’ compensation insurance covers a wide range of work-related injuries and illnesses, although benefits vary depending on the circumstances.
Generally, workers can receive coverage for:
- Accidents. Injuries that occur on the job from accidents such as slip-and-fall accidents, motor vehicle accidents, forklift accidents, and other accidents are covered under workers’ compensation.
- Repetitive stress injuries. Injuries that result from repetitive activities or motions at work and occur over time, such as carpal tunnel syndrome and tendonitis, are also covered under workers’ comp.
- Occupational illnesses. Illnesses that stem from workplace exposure to harmful conditions or substances, such as cancer, hearing loss, and asthma, are also covered.
- Pre-existing conditions. If work-related activities worsen or exacerbate a pre-existing condition, workers may also receive coverage for a pre-existing condition.
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What steps do I need to take after a work injury?
Just because your injury or illness qualifies for workers’ comp benefits in South Carolina doesn’t mean you’ll automatically get compensation. It’s crucial that you follow the necessary steps to protect your rights after any work injury:
- Seek medical attention and inform the medical provider that your injury occurred at work. This documentation is crucial for proving that your injury is work-related.
- Report the injury to your supervisor as soon as possible to ensure your claim gets filed within the required time limits. In South Carolina, if you don’t report your injury within 90 days, you likely won’t be able to recover any compensation.
- After receiving notification of your injury, your employer is required to file your claim with the South Carolina Workers’ Compensation Commission.
- You should seek legal help from a workers’ comp attorney, especially if you have severe injuries, a complex case involving pre-existing injuries, or your claim is denied.
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When should I hire a workers’ comp attorney?
You may need to hire an attorney if your claim gets denied or your employer disputes your injury or illness is work-related. You may also need legal assistance if your injuries are severe and you need ongoing treatment, you have a permanent disability, or you have pre-existing injuries that complicate the situation.
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What if a third party, such as a contractor or product manufacturer, caused my injury? Can I still file a workers’ compensation
If a 3rd party (someone other than your employer) contributed to your work-related injury, you might be eligible to file a personal injury lawsuit against that third party in addition to a workers’ comp claim. In a personal injury lawsuit against a 3rd party, you may be able to recover additional compensation beyond what you might receive from workers’ comp, including damages for pain and suffering.
Our Columbia workers’ compensation attorney can help determine which parties may be liable for your injuries and help you recover maximum compensation.
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Who pays for my medical care in a work-related accident?
In most cases, your doctor visits, hospital stays, medication and other necessary medical treatments are paid by your employer’s workers’ comp insurance. In South Carolina, you must use a doctor approved by your employer or risk not being reimbursed for your expenses.
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Can I use my own doctor?
In South Carolina, you must ask your employer which doctor to visit. If you receive a referral from the hospital, check with your employer before making an appointment to see if they will approve the doctor and cover the expenses.
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Can I quit my job while on workers’ comp?
You can leave your job while receiving workers’ comp benefits. However, quitting may impact the benefits you receive for your work-related injury, causing them to stop abruptly. It’s best to speak with an attorney to discuss your options before quitting your job.
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Can I be fired and lose my workers’ comp benefits after filing a claim?
While your employer can’t legally fire you for filing a workers’ compensation claim, they could potentially fire you for other reasons while you’re receiving workers’ comp benefits.
Even in cases where your employer has the legal right to fire you, you’ll retain your right to workers’ comp benefits, regardless of the reason for your termination.
If you’re fired, you may have some negative consequences on your case, so working with a workers’ compensation attorney is essential to understand your rights.
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Can I receive compensation for pain and suffering or emotional distress resulting from my work-related injury?
Workers’ comp insurance does not provide coverage for emotional distress or pain and suffering. However, if the pain of your physical injury leads to a mental illness such as depression, you may be able to receive coverage for the treatment of such conditions. If your injury has healed, but you still suffer debilitating pain and cannot work, you may qualify for permanent partial disability benefits.
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How long do I have to wait to receive workers’ compensation benefits, and what factors affect the timeline?If your doctor writes a note requiring you to be completely off work for more than 14 days, you can receive benefits beginning the first day you cannot work. The timeline will vary based on how many days your doctor says you must stay completely off of work.
If your note states a temporary work absence of more than 7 days but less than 14, you can receive benefits starting on the 8th day. The severity of your injuries and your doctor’s recommendation affect the timeline. -
Should I accept a settlement offer from my employer’s insurance company, or should I seek the advice of a workers’ compensationSpeaking to an attorney before accepting a settlement can ensure that you get enough compensation to take care of your current and future medical expenses.
A lump-sum payment may sound attractive, but an attorney experienced in workers’ comp cases can help you project future costs and compare the full compensation you are entitled to against the offered settlement and negotiate the best outcome.
Be aware that if you accept an offer and you find out later that your injuries are more substantial and require more treatment than you originally thought, you won’t be able to go back and request more compensation later. -
My doctor has written for me to be off work or given me work restrictions. What happens next?Give your doctor’s note to your employer and keep a copy for your records.
If your doctor decides that you should be completely off work for more than 7 days but less than 14, you’ll receive temporary compensation for your lost wages on the 8th day.
If your doctor decides that you should be off work for more than 14 days, you will receive compensation benefits beginning on your first day of becoming incapacitated.
If your doctor decides that you should return to work with limited capacity while you heal, you can receive compensation for the difference in your wages pre-injury versus post-injury. -
If I’ve been given light-duty restrictions, am I required to accept my employer’s offer of light-duty work?If you’ve been issued restrictions for light-duty work, you must accept the job if it falls within your restricted abilities. You have a right to a workers’ comp hearing if you feel the work is outside of your capability, but if you do not accept the assignment, you may lose all compensation as long as you don’t work.
If you’ve been offered light-duty work that you don’t feel is actually light-duty, you should discuss the situation with an experienced workers’ compensation attorney to ensure your rights and your health are protected. -
Can I get reimbursed for travel expenses to the doctor?
Yes, you can receive reimbursement for travel to and from medical treatment for a work-related injury. If your trips to and from medical care or the pharmacy exceed 10 miles round trip, you can get reimbursed at the rate state employees receive for mileage.
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When is an injury not covered under workers’ compensation?
An injury may not be covered under workers’ compensation in South Carolina if it occurs under certain circumstances, including:
- Intentional self-harm. If the injury was self-inflicted or resulted from a deliberate act to harm oneself, it will not be covered under workers’ comp.
- Intoxication or drug use. Injuries sustained while the employee was under the influence of alcohol or illegal drugs are ineligible for benefits.
- Horseplay or recklessness. Injuries resulting from horseplay, reckless behavior, or violations of workplace safety rules may not be covered.
- Non-work-related activities. Injuries that occur while the employee is not performing job-related duties, such as during lunch breaks off-site or commuting to and from work, are typically not covered.
- Failure to follow safety protocols. If the injury resulted from the employee’s intentional disregard of safety protocols or refusal to use provided safety equipment, it may not be covered under workers’ comp.
These exclusions are in place to ensure that workers’ compensation benefits are reserved for injuries genuinely related to job performance and workplace conditions.
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Which workers are not eligible for south carolina workers’ compensation benefits?
While most employees in South Carolina are eligible for workers’ compensation benefits, certain workers are excluded, including:
- Independent contractors. Individuals classified as independent contractors, including independent truck drivers, are generally not eligible for workers’ compensation benefits since they are not considered employees.
- Casual employees. Those with sporadic or irregular work schedules, such as occasional babysitters or domestic housekeepers, are not eligible for workers’ comp.
- State and county fair association workers. Workers associated with these organizations typically do not qualify for workers’ comp.
- Certain commission-paid real estate agents. These workers typically do not qualify for workers’ comp benefits.
- Federal employees. These workers are also covered under a separate federal workers’ compensation system.
- Agricultural workers. Farm workers are subject to specific rules and may not always be covered, especially if they’re seasonal or migrant workers.
- Business owners. Sole proprietors and partners are typically not covered unless they elect to be included in their company’s workers’ compensation policy.
- Employees of certain small businesses. Employees of businesses that have fewer than 4 employees or an annual payroll of less than $3,000 are not covered under workers’ comp.
- Railroad and railway express employees. These workers are covered under federal laws, such as the Federal Employers Liability Act (FELA), rather than state workers’ compensation laws.
Our Settlements & Verdicts
Our top priority is to devise customized legal strategies that are tailored to the unique legal needs of our clients, no matter how simple or complicated their situations, might be.
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$1,000,000 Recovered
Tractor trailer accident in state court with lumbar spine injury.
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$700,000 Recovered
Confidential nursing home settlement. Wrongful death pressure sore case.
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$700,000 Recovered
Towns County, GA motor vehicle collision settlement. Defendant fell asleep behind the wheel of his vehicle.
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$650,000 Recovered
Confidential federal court trucking settlement.
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$550,000 Recovered
Nursing home settlement. Client was attacked and killed by another resident in a state owned skilled nursing facility.
Why Choose Smith Born Leventis Taylor & Vega, LLC?
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No Fee Unless We Win
We work on a contingency fee basis, meaning you won’t pay us a dime unless we successfully recover your compensation.
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Client-Centered Approach
We prioritize your needs and concerns, providing personalized legal advice tailored to your circumstances.
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Proven Results
Our lawyers have successfully secured millions of dollars in settlements and verdicts for our clients, demonstrating our unwavering commitment to achieving the best possible outcomes.
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Extensive Experience
Our team of skilled attorneys brings decades of combined experience in personal injury and workers’ compensation law, ensuring we can effectively represent you in a wide range of cases.