Columbia Workplace Injury Lawyer

Columbia Workplace Injury Attorney

If you have been injured at work, you know how much of an impact such an incident can have on your life. In addition to the pain and trauma of the injury itself, you may face mounting medical bills and lost wages, which can cause significant financial stress for you and your family. If you are dealing with a workplace injury in the Columbia area, you should enlist the help of an experienced Columbia workplace injury lawyer.

About the Law Office of Charles T. Brooks III

At the Law Office of Charles T. Brooks III, we have been serving the people of South Carolina for 30 years. We are dedicated to pursuing justice for our clients, helping them navigate some of the most difficult moments in their lives. Our office in Sumter is conveniently located for our Columbia clients, and we are always a phone call or an email away. No matter what you are facing, we are ready to put our legal knowledge to work for you.

How Common Are Workplace Injuries in South Carolina and the United States?

Workplace injuries are more common than one might think. In 2024, which is the most recent year for which complete data is available, employers in South Carolina reported 27,000 non-fatal injuries. Of those injuries, 17,500 resulted in the employee needing time off work, transferring to another job, or requiring accommodations to do their job. The United States recorded over 2.5 million non-fatal workplace injuries and illnesses in 2024.

What Should You Do if You Are Injured at Work?

If you are injured at work in South Carolina, the first thing you should do is seek any emergency medical care you may need. The next step is to find out whether your employer has workers’ compensation insurance. According to Title 42 of the South Carolina Code of Laws, the vast majority of employers in the state must carry workers’ compensation insurance. There are very few exceptions to this rule.

When you have determined whether your employer has workers’ compensation insurance, you should report the injury to your employer. If your employer has workers’ compensation, they will likely want you to be evaluated by a plan-approved physician to determine the proper course of treatment.

After you have been evaluated by a physician, you should file a claim with your company’s workers’ compensation insurance company. If your treatment is ongoing, you may need to continue adding information to the claim until it is complete.

What Should Workers’ Compensation Cover in South Carolina?

In South Carolina, workers’ compensation should take care of any and all medical care associated with your workplace injury. This includes initial, potentially emergent, treatment, as well as ongoing care such as physical therapy or adaptive equipment. Compensation should also help offset lost wages by paying part of your typical earnings while you are unable to work.

Workers’ compensation policies should also include provisions for when employees are temporarily or permanently disabled as a result of workplace injuries. The policy should pay part of your salary in disability benefits.

Why Should You Hire a Workplace Injury Lawyer?

If you have been injured at work in Columbia and need to file a claim, you should hire a workplace injury lawyer as soon as you are able to do so. Unfortunately, insurance companies generally avoid paying claims whenever possible. If you communicate through an attorney, you are more likely to be treated fairly by your employer and the insurance company.

Additionally, if your employer’s workers’ compensation insurance company has denied your claim or if your employer has retaliated against you for filing one, a lawyer can help you determine your next steps. Sometimes, a strongly worded letter from an attorney is all it takes to encourage companies to do the right thing. If your case goes as far as a courtroom, your lawyer can help you build a strong case and represent you in front of the judge.

FAQs About Workplace Injury Law

If I File a Workers’ Compensation Claim, Can I Still File a Claim Against My Employer?

No, you usually cannot file an additional personal injury claim against your employer if you are filing a claim with their workers’ compensation insurance. When you file a workers’ compensation claim, you waive the right to take any other legal action against your employer. The only exceptions to this rule arise when an employer has intentionally created the dangerous situation that resulted in your injury.

How Long Does It Take for a Workers’ Compensation Claim to Be Resolved?

There is no easy answer for how long it takes a workers’ compensation claim to be resolved. The timeline depends on the injury’s complexity, whether ongoing medical care is needed, and how cooperative the insurance company is. Your lawyer can provide you with an educated guess as to how long it will take for your case to resolve.

Is My Case Likely to Go to Trial?

No, a workplace injury case is not likely to go to trial. Whether you are pushing back on a denied or underpaid claim from a workers’ compensation insurance company or filing a claim against your employer for egregious actions, your case is far more likely to settle out of court. Court fees are expensive, and if a plaintiff has a legitimate case, they are likely to want to settle.

How Long Do I Have to File a Workers’ Compensation Case?

Usually, you must file a workers’ compensation claim within two years of the date of the injury or illness, or within two years of when the illness or injury should have been apparent. The time frame for reporting injuries to employers is usually significantly shorter. The safest practice is to report your injury to your employer as soon as possible to make sure you are eligible for workers’ compensation benefits.

Contact the Law Office of Charles T. Brooks III

Workplace injuries can turn your life upside down. Between lost wages, medical bills, and uncertainty about your future, you may be feeling overwhelmed and stressed. You don’t have to navigate your situation alone. Whether you need to file a workers’ compensation claim, contest a denied or underpaid claim, or file a claim against your employer, you need an experienced lawyer on your side. Contact the Law Office of Charles T. Brooks III today to discuss your case.