Columbia Workers’ Compensation Lawyer

Columbia Workers’ Compensation Attorney

A Columbia workers’ compensation lawyer can help if a work injury has affected your ability to earn a living or get the medical care you need. Workers’ comp claims are difficult in South Carolina because of rules, deadlines, and paperwork.

Injured workers in Columbia may face disputes from employers over eligibility, medical treatment, or wage benefits. The Law Office of Charles T. Brooks III provides legal representation to injured workers in Columbia. We handle workers’ compensation claims and related disputes under state workers’ compensation laws.

Hire a Workers’ Compensation Lawyer

At The Law Office of Charles T. Brooks III, we represent injured workers in Columbia and all of Richland County. Charles T. Brooks III can successfully resolve workers’ compensation claims for on-the-job injuries, cases involving occupational conditions, and disputes with employers and insurance carriers.

We are extremely knowledgeable about the South Carolina workers’ compensation process and administrative hearings. Our team can:

• Investigate your injury or incident.
• Assemble and present evidence showing how your injury happened due to your work.
• Handle negotiations with employers and insurers,
• Advocate for your rights to workers’ compensation benefits in hearings or a court case.

Our firm can work with you to address issues with your claim and assert your rights throughout the workers’ compensation process.

High-Risk Work Environments in Columbia

In Columbia, work accidents can occur in multiple workplace environments, such as:

• Healthcare facilities
• Government offices
• Educational institutions
• Construction sites
• Transportation operations

Risks for traffic collisions, construction zone incidents, and delivery accidents may be elevated for workers in areas near major travel corridors, such as I-26, I-20, and Assembly Street.

Injuries can happen in large medical facilities, office buildings, warehouses, and public venues throughout Columbia and the surrounding communities. According to the U.S. Bureau of Labor Statistics, 30,100 nonfatal workplace injuries and illnesses were reported by South Carolina private employers in 2023, with an estimated 19,000 of those injuries involving days away from work, restricted duty, or a job transfer.

Medical Treatment Disputes and Work Restrictions

Medical treatment is one of the most common issues around which a workers’ compensation claim becomes disputed. The employer generally has the right to choose the authorized treating physician in South Carolina, and the employee may have a different opinion about the diagnosis, treatment, or work restrictions recommended by that physician.

Large employers and government agencies employing many Columbia workers frequently encounter disputes over return-to-work schedules and light-duty assignments, along with maximum medical improvement determinations. Conflict can also occur if medical care is delayed or discontinued.

These factors can have a direct impact on wage replacement benefits as well as long-term eligibility, so procedural and medical documentation issues are very important in contested claims.

Eligibility and Compensability Issues Under South Carolina Law

Getting workers’ compensation benefits is not a given. Sometimes employers and insurance carriers will:

• Contest claims.
• Argue that injuries were not caused by or during employment.
• Claim that the worker in question was an independent contractor and not an employee.

Contested workers’ comp claims are especially common in the construction, transportation, and contract work that is prevalent throughout the Columbia metro area.

Under S.C. Code Ann. § 42-1-160, an injury must arise out of and in the course of the injured party’s employment to be compensable. The analysis of whether this standard is met is fact-driven and turns on the:

• Individual’s job duties
• Location of the accident or injury
• Medical evidence tying the condition to work activities

FAQs About Columbia, SC Workers’ Compensation Law

Do I Have to File My Claim in Columbia If I Work There but Live Elsewhere?

Jurisdiction for workers’ compensation can be based on several factors, including the place of injury and the nature and location of the employment relationship. If there is any question whether South Carolina procedures apply to you, it may be necessary to consult a personal injury attorney in Columbia. They can review your employment and the facts of the injury in detail to determine your jurisdiction.

What If My Employer Sends Me Back to Work Before I Feel Ready?

An employer can use medical clearance from the employee’s treating physician to return the employee to work. Disputes can develop if you feel like you are being asked to return too early or do work outside your medical restrictions. When these types of situations occur, opinions as to medical ability and work limitations may need to be clarified through the workers’ compensation system.

Can I Get Workers’ Compensation If I Was Injured During Training or Orientation?

Workers’ compensation law may cover injuries sustained during training or instruction, including “orientation.” The key issue may be whether the employee was required to attend the training or instruction and whether it was related to their employment. Employers sometimes argue that employees were not performing their usual job responsibilities when injured.

What Happens If My Workers’ Compensation Claim Is Approved, but My Benefits Are Delayed?

Acceptance of a claim does not mean that medical treatments or wage replacements are paid without delay. Once a claim is accepted, there may be periods of time when benefits are delayed due to administrative disputes, documentation disputes, or insurer processing delays. When an injured worker does not get their benefits as they are due, there are additional steps through the workers’ compensation system to correct the situation.

Contact a Columbia Workers’ Compensation Attorney

Injuries at work can lead to uncertainty about medical care, income, and long-term employment. In a large metropolitan area, such as Columbia, you may find it challenging to manage medical and work issues without help. South Carolina’s workers’ compensation system has complex rules, deadlines, and procedural requirements.

A Columbia workers’ compensation lawyer can help injured workers understand their options and file a response to any disputes over benefits, medical treatment, or eligibility. The Law Office of Charles T. Brooks III represents injured workers in Columbia who have workers’ compensation claims and related issues.

You can hire a workers’ compensation lawyer to learn more about the rights and benefits that may be available under South Carolina law. Schedule a consultation today.