Workers' Compensation Lawyers in Charleston, South Carolina

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https://www.steinberglawfirm.com/practice-areas/workers-compensation/ Having the right workers’ compensation lawyers on your side fighting for the benefits you deserve will go a long way in keeping you and your family financially secure. The Charleston workers’ compensation lawyers at Steinberg Law Firm have handled thousands of workers’ compensation cases. Let us use our experience to help you through this troubling time. Call today to speak with a Charleston workers' compensation lawyer at Steinberg Law Firm Steinberg Law Firm 61 Broad St Charleston, SC 29401 (843) 720-2800 https://www.steinberglawfirm.com

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Steinberg Law Firm 843 720-2800 www.steinberglawfrm.com S WORKERS’ COMPENSATION IN CHARLESTON SOUTH CAROLINA

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Workers’ Compensation in Charleston South Carolina 2 TABLE OF CONTENTS Put Our Team On Your Side........................................................................................3 What Is Workers’ Compensation..............................................................................4 Common Work Related Injuries.................................................................................6 Work Injuries Are Not Always Accidental................................................................7 What Type Of Benefts Are You Owed How Much............................................8 T otal Disability.............................................................................................................10 Partial Disability..........................................................................................................11 Death Benefts ............................................................................................................12

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Workers’ Compensation in Charleston South Carolina 3 PUT OUR TEAM ON YOUR SIDE Having the right workers’ compensation lawyers on your side fghting for the benefts you deserve will go a long way in keeping you and your family fnancially secure. The Charleston workers’ compensation lawyers at Steinberg Law Firm have handled thousands of workers’ compensation cases. Let us use our experience to help you through this troubling time. Some employers are unhappy when employees are injured on the job. They do not want their workers’ compensation insurance premiums to go up which can happen if there are a lot of work injuries. Often employers will try to convince injured workers to not report the injury. These unscrupulous practices are against South Carolina’s workers’ compensation laws. Once you fle a workers’ compensation claim these employers and their insurance companies will have a team of adjusters lawyers and private investigators working to pay you as little money as possible or to not pay you at all. But you can fght back.

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Workers’ Compensation in Charleston South Carolina 4 WHAT IS WORKERS’ COMPENSATION Most employees in South Carolina have workers’ compensation benefts. Workers’ compensation is a system of legally defned benefts available to most workers who are injured or become sick on the job. Get the benefts you have earned. You should have a team of highly trained highly skilled South Carolina workers’ compensation lawyers on your side. The attorneys and staff at the Steinberg Law Firm will aggressively represent you all the way from the initial phone call investigating the accident and making sure you are paid the benefts you deserve.

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Workers’ Compensation in Charleston South Carolina 5 TO HELP FIGHT AND WIN YOUR CLAIM WE WILL: Explain to you in common sense terms the work injury laws in South Carolina and what types of benefts you deserve Gathering all of the appropriate documentation such as accident reports medical records and witness statements Determine your wage benefts and explain to you the law in how these weekly wage benefts are calculated Preparing you to testify at hearings if necessary along with any witnesses required to prove your claim Take the depositions of treating physicians and medical experts to prove your disability is related to a work injury Ensure all of your work-related medical bills are paid including money for possible future treatment If your disability is permanent make sure that you and your family will be fully taken care of in the future Negotiate with the insurance company for a fair settlement of your claim to ensure you are fully compensated for your medical bills lost wages and lost earning capacity

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Workers’ Compensation in Charleston South Carolina 6 COMMON WORK- RELATED INJURIES Workers’ compensation claims see all the most common work injuries to various part of the body. Some work injuries can be fairly minor requiring you to be out of work for a few days. However others can be very serious and disable a person for life. While others can result in a fatality. Here are some of the most common work- related injuries: Shoulder injuries like rotator cuff tears dislocated shoulders and degenerative conditions that require shoulder replacement Complex Regional Pain Syndrome CRPS or Refex Sympathetic Dystrophy RSD Spinal cord injuries in the neck and lower back including bulging and herniated discs cervical and lumbar fusions broken or fractured vertebrae and degenerative disc disease caused from years of repetitive movement Knee injuries such as dislocated knees torn ACL or MCL ligaments and degenerative conditions requiring total knee replacement Overexertion injuries causing pulled muscles and ligaments in various parts of the body Lungs injuries from inhaling toxic fumes or from working in factories for a long time contracting COPD Broken bones due to falls or being entangled with a machine lacerations amputations or burns

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Workers’ Compensation in Charleston South Carolina 7 WORK INJURIES ARE NOT ALWAYS ACCIDENTAL The top cause of injury at work is intentional violent acts. Injuries caused by repetitive tasks or accidents are secondary.

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Workers’ Compensation in Charleston South Carolina 8 WHAT TYPES OF BENEFITS ARE YOU OWED HOW MUCH What is the extent of your injury Unfortunately even though the workers’ compensation system in South Carolina was initially designed to be easy to use and benefts were supposed to be easily obtained far too many workers are unfairly denied the workers’ compensation benefts they desperately need. In these circumstances legal action can help workers gain access to the benefts to which they are entitled. In South Carolina two major criteria are used to determine compensation: whether your disability is temporary or permanent and whether it is partial or total. This determination could make a big difference in what you receive. Calculating weekly benefts When calculating the amount of benefts you will receive on a weekly basis the Judge looks at your gross average weekly wage. In most cases an injured worker will receive two-thirds of their gross average weekly wage every week that the work injury causes them to be off work. There are a few exceptions to this general rule. If your average weekly wage is 75/week or less then you will receive 100 percent of your wages each week that you are off. The other

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Workers’ Compensation in Charleston South Carolina 9 exception involves the state of South Carolina every year setting the top limit of average weekly wage that a worker can receive no matter how much money they make in the average week. Therefore if you are a highly paid worker and you are hurt your weekly wage beneft will be lowered to the state mandated average weekly wage. Calculating weekly benefts If you are injured on the job always seek medical care even if you do not believe the injury to be serious. There are steps you can take to protect yourself.

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Workers’ Compensation in Charleston South Carolina 10 TOTAL DISABILITY If your injuries are so severe that you cannot work at all even on a light duty basis then you can receive total disability benefts which is two-thirds of your average weekly wage. This beneft has a maximum of up to 500 weeks approximately 9.6 years assuming that your total disability is permanent. There is an exception to this rule however. If your injury has caused you to suffer from brain damage or has left you a paraplegic or quadriplegic there is no time limit and you will receive total disability benefts for the rest of your life. You can also qualify for temporary total disability benefts if you lose certain body parts either through amputation or loss of use: • Losing the use of both hands • Losing the use of both arms • Losing the use of both shoulders • Losing the use of both feet Your total disability benefts are two-thirds of your average weekly wage. This beneft has a maximum of up to 500 weeks unless you to suffered brain damage or are paraplegic or quadriplegic.

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Workers’ Compensation in Charleston South Carolina 11 PARTIAL DISABILITY With permanent partial disability some categories of injuries will automatically grant you a specifc amount of weeks of wage benefts regardless if you are out of work or not. Some examples of permanent partial disability benefts include: • 65 weeks of payments for losing a thumb • 32 weeks for losing a big toe • 10 weeks for losing any other toe • 220 weeks for losing an arm • 195 weeks for losing a leg • 300 weeks for losing up to 49 percent of he use of your back • 140 weeks for losing vision in the eye or losing the eye This category of wage benefts is dictated by whether the partial disability is temporary or permanent. If your partial disability is of a temporary nature then you can receive weekly wage benefts of two-thirds of your average weekly wage for a maximum of 340 weeks approximately 6.5 years. If your injuries recover and you can return back to work without restrictions then your weekly benefts will stop as soon as you return to work. If you injury is not permanent you are eligible to receive benefts of two-thirds of your average weekly wage for a maximum of 340 weeks.

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Workers’ Compensation in Charleston South Carolina 12 DEATH BENEFITS Unfortunately some work injuries result in the death of a worker. In these instances the employee’s family is awarded a certain amount of death benefts to compensate them for the loss of the income of their deceased family member. In South Carolina the following family members are conclusively presumed to be total dependents: • a spouse • a child under 18 • a child under 23 who is a full-time student at an accredited school • a child of any age who is incapable of self-support due to a disability Other people can also qualify as total or partial dependents but only if they actually depended on the worker for fnancial support at least three months prior to the work accident. Death benefts are paid for a maximum of 500 weeks from the date of the injury. Benefts for children end when they reach 18 or if they are enrolled in school full time when they reach age 23. However children who are physically or mentally incapable of self-support will continue to receive benefts for the full 500 weeks. Further the workers’ compensation insurance company will have to pay up to 12000 for funeral and burial expenses.

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Workers’ Compensation in Charleston South Carolina 13 DEATH BENEFITS ARE PAID IN THE FOLLOWING ORDER OF PRIORITY If there are whole dependents they share the weekly beneft. However if there is a spouse and two or more children the spouse will receive at least 50 percent and the children will share the remaining 50 percent. Whole Dependents If there are no whole dependents partial dependents will receive benefts in proportion to how much they relied on the worker’s earnings. If any of the beneft is left over it will go to the worker’s nondependent children or if there are none to the worker’s nondependent parents. Partial Dependents If there are no whole or partial dependents the worker’s nondependent children will receive the beneft. Nondependent Children If there are no dependents or nondependent children the worker’s nondependent parents receive the beneft. Nondependent Parents

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843 720-2800 www.steinberglawfrm.com

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