Florence Work Injury Lawyer

Florence Work Injury Attorney

A work injury can leave you with severe damage and uncertainty about your legal options. A Florence work injury lawyer can protect your rights as a South Carolina worker, working to recover your damages so you can move forward after a workplace injury.

The Law Office of Charles T. Brooks III: An Established Law Firm

At the Law Office of Charles T. Brooks III, our 30 years of experience as a personal injury lawyer, combined with a deep understanding of work injury laws, allow us to provide skilled legal counsel for South Carolina workers. A work injury case can be legally complex, involving multiple types of claims and varying benefit options. We can clearly explain your options to help you recover from your injury.

An Overview of Work Injuries in Florence

In Florence, some of the largest employers are American Honda Motor Company Inc., Caresouth Carolina Inc., Darlington County School District, and Duke Energy Carolinas LLC. No matter who you work for, you have the right to a safe workplace. Across South Carolina, there were 28,000 nonfatal workplace injuries and illnesses in the private sector.

A work injury can happen from a sudden, unexpected accident, such as a mechanical failure, a fall, or a transportation accident. These accidents can cause catastrophic injuries, such as:

• Traumatic brain injuries
• Back and spinal cord injuries
• Amputation injuries
• Bone fractures
• Burns

Not all work injuries are the result of a single accident. Many worker injuries develop over time, such as through overexertion, repetitive motions, or prolonged exposure to hazardous substances. A Florence work injury attorney can build an argument to prove that your injury was sustained while at work, even if it did not originate from a single accident.

Deciding Whether to File a Workers’ Compensation or Personal Injury Claim

The work injury claims process differs, depending on the circumstances of the accident and the severity of your damages. The main legal options in a work injury case are filing a workers’ compensation claim or a personal injury claim against your employer.

A workers’ compensation claim is a no-fault claim, so there is no need to prove that any negligence was involved. Workers’ compensation benefits are paid by your employer’s insurance, which can provide medical costs from an approved healthcare provider and 66 ⅔% of your lost wages.

A personal injury claim can be filed directly against another at-fault party or, in extremely limited circumstances, your employer. To file this type of claim, you must successfully establish the at-fault party’s negligence. Though this increases the complexity of the claim, there are fewer limits on compensation compared to a workers’ compensation claim.

Compensation in a Work Injury Case

While workers’ compensation offers two-thirds of lost income and medical expenses, a claim directly against a third party can lead to compensation such as:

• Medical costs. Compensation can cover necessary medical care, without your employer’s insurance approving the medical provider, as in a workers’ compensation claim.
• Property damage. Whether your vehicle, clothing, personal electronics, or other valuables were damaged, the cost of repairs and replacements can be included in compensation.
• Lost wages. A personal injury claim can recover the full amount of income lost due to your injuries, medical appointments, and legal proceedings.
• Pain and suffering. Not only do work injuries cause lasting physical pain, but they can also cause mental and emotional suffering. Compensation can cover the lowered quality of life that your emotional pain and suffering have caused.
• Punitive damages. Punitive damages are available in cases where the at-fault party was extremely negligent. This is one of the few cases where you can also file directly against your employer, such as if they concealed the hazard or failed to address a hazard that had caused previous accidents.

Why You Should Hire a Work Injury Lawyer

It can be difficult to decide what to do after a workers’ compensation case, especially while also recovering from severe injuries. A lawyer can explain whether to file a claim against your employer or another at-fault party or file for workers’ compensation. No matter what type of claim you are filing, a lawyer can pursue a fair recovery while meeting the legal requirements and deadlines for your case.

FAQs About Work Injury Law

What Is Not Covered Under Workers’ Compensation?

Several types of injuries and damages are not covered by workers’ compensation. Examples of injuries not covered by workers’ compensation include: 

• Injuries caused under the influence of alcohol or drugs
• Self-inflicted injuries
• Pre-existing conditions that weren’t worsened by work
• Injuries from the commute to or from work

Damages not covered by workers’ compensation typically include pain and suffering, property damage, and punitive damages.

What Are the Most Common Workplace Injuries?

The most common workplace injuries are soft tissue injuries, which cause damage to tissues such as muscles, tendons, or ligaments. Sprains, strains, and tears make up 31% of all occupational injuries. Repeated motions, overexertion, or falls often cause these injuries. If you experienced a soft tissue injury due to your work, speak with a Florence work injury lawyer about filing for compensation.

What Are the Three Rights You Have as a Worker?

With worker safety, three of the most fundamental rights are the rights to:

• Notify an employer about hazards.
• Request an inspection.
• File a complaint or claim against your employer.

These are only some of the rights the Occupational Safety and Health Administration (OSHA) provides to employees to maintain safe, hazard-free workplaces for them.

Can an Employer Deny You Workers’ Compensation?

Yes, an employer can deny you workers’ compensation, though it must be for a legal reason. Common reasons an employer can deny a claim include: 

• The injury is not work-related.
• You missed the 90-day reporting deadline.
• You have insufficient medical evidence.
• You are an independent contractor.

If your employer denies a claim without a legal reason, hire a work injury lawyer to challenge this decision and prove the validity of your claim.

Reach Out to a Florence Work Injury Attorney Today

With complex work injury laws and recovery benefits, work injury cases can be difficult to navigate. Contact the Law Office of Charles T. Brooks III to learn how we can guide you through a work injury case and advocate for your recovery.