
A work injury can be devastating, causing lasting pain or even permanent disability. After an accident, there are multiple options for recovering your damages. Whether you are looking to file a claim against your employer or apply for workers’ compensation, a Camden work injury lawyer can pursue the compensation you deserve.
For 30 years, the Law Office of Charles T. Brooks III has represented injury victims across South Carolina as a trusted personal injury lawyer. We work with professionalism and compassion, providing personal attention to each aspect of our clients’ cases. Our knowledge of work injury laws and the workers’ compensation system enables us to pursue a full recovery after these accidents.
Sometimes, a single traumatic accident leaves a worker injured, while other injuries are sustained over a long period, such as with repetitive motion injuries or exposure to toxic chemicals that lead to an illness over time. Understanding the cause of your work injury can help a Camden work injury lawyer prove your employer’s fault and the damages you have suffered.
Whether you work for Prisma Health, the Kershaw County Government, or Cantey Foundation Specialists, work injuries can happen. Some of the most common workplace accidents include:
A workers’ compensation claim and a personal injury claim are the two main options for recovering compensation in a work injury case. Work injury laws outline different procedures, claim requirements, and benefits for these claims.
A workers’ compensation claim is a no-fault system, meaning you do not need to prove that the injury was a result of another party’s negligent actions. Workers’ compensation is paid by the employer’s insurance, which can cover medical care and 66 ⅔% wage replacement for the time you had to take off work or for permanent disability.
A personal injury claim is more legally complex, requiring you to establish that your employer or another party is responsible for the accident. These claims are filed directly against the at-fault party. A personal injury claim can recover a greater number of damages compared to workers’ compensation, and it may cover lost wages, medical bills, property damage, pain and suffering, and punitive damages.
However, you can only file a claim against your employer in very limited circumstances. Generally, the employer must have displayed extreme negligence or malice to be susceptible to a civil claim. Nevertheless, you can file a claim against third parties, which would encompass any non-employer entity that contributed to your incident. Consult your attorney for guidance on which parties to file which type of claim against.
It can be overwhelming to file a claim for a work injury case. A Camden work injury lawyer can make this process easier by building a strong claim and advocating for you. They can communicate on your behalf in negotiations or in court, reducing your stress while presenting a strong claim.
A lawyer can pursue fair compensation for your case. By gathering evidence, such as medical bills, testimony from a healthcare professional, pay stubs, and witness testimonies, your lawyer can prove a comprehensive list of your damages. In negotiations or a trial, they can advocate for the full compensation you deserve.
In South Carolina, workers’ compensation is a no-fault system for employees to recover damages after work injuries. This system works by employees reporting injuries within 90 days and filing a workers’ compensation claim within two years. The employer’s insurance can then pay the employee’s benefits. A Camden work injury attorney can explain this process and help you file a claim that is comprehensive and accurate, pushing for the full recovery you need.
In most cases, you cannot file a claim against your employer if you have also received workers’ compensation. Filing for workers’ compensation involves waiving your right to file a claim against your employer for their negligence. However, you could file a claim against a third party while also receiving workers’ compensation. A third party could include a negligent driver or equipment manufacturer.
When speaking with workers’ compensation, avoid:
Stick to the facts of the accident, and hire a work injury lawyer who can represent you in workers’ compensation proceedings. A lawyer can help you avoid critical errors that may lead to insufficient benefits or having your claim denied.
A workplace injury is any injury sustained while performing job duties, during work hours, or while at work. Injuries can be caused by the work environment or accidents during job duties. Common injuries include sprains, strains, traumatic brain injuries, back injuries, and broken bones. For help filing a claim tailored to your injury, you should contact a lawyer.
The impact of a work injury can be extreme, causing lasting physical pain, emotional trauma, and financial hardship. A lawyer can pursue compensation to make up for the damages a work injury has left you with. Contact the Law Office of Charles T. Brooks III to learn how our trusted law firm can support you during your recovery.
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