No-Fault Benefits
South Carolina's workers' compensation system is no-fault, meaning a worker doesn’t need to prove employer negligence to qualify for benefits. However, compensation can be reduced or denied if an injury is due to intoxication, failure to follow safety protocols, or intentional self-harm.
Common Types of Work Injuries in North Myrtle Beach
Working in North Myrtle Beach often involves physical labor, long hours, and the potential for unexpected accidents. Though work injuries can vary depending on the circumstances, some common injuries include:
- Back and neck injuries. Heavy lifting, prolonged standing, and repetitive physical activity in sectors like hospitality and retail can lead to musculoskeletal injuries, including herniated discs and strains.
- Slip and fall accidents. Slip and fall risks are high in hotels and restaurants, especially when floors become slick with spills. Possible injuries include broken bones, concussions, and sprains.
- Lacerations and puncture wounds. Workers in kitchens, maintenance, or construction are at risk of cuts and puncture injuries from tools, glass, and equipment.
- Burn injuries. Restaurant and housekeeping staff are vulnerable to burns from hot surfaces, cooking oils, and cleaning chemicals, ranging from minor to severe third-degree burns.
- Heat-related illnesses. North Myrtle Beach’s high temperatures in summer can lead to heat exhaustion and heat stroke among outdoor laborers, including construction workers.
- Repetitive motion injuries. Prolonged repetitive actions, such as typing or cash register operation, may cause carpal tunnel syndrome or tendonitis.
When any work-related injury occurs, it’s critical for a worker to notify their employer right away and document all details. Reaching out to a North Myrtle Beach workers' compensation lawyer can help an injured worker understand their rights and explore the types of compensation available.
Workers’ Compensation Benefits in South Carolina
Workers’ compensation provides various benefits designed to cover medical care, lost wages, and long-term support in cases of severe injuries. Some of the benefits an injured worker may receive in South Carolina include:
- Medical benefits. This coverage includes all necessary medical treatments, including surgeries, prescriptions, physical therapy, and assistive devices.
- Mileage reimbursement. South Carolina workers’ comp provides reimbursement for travel to and from medical appointments.
- Temporary Total Disability (TTD). If a worker is unable to work for more than seven days, they can receive partial wage replacement. TTD benefits typically amount to two-thirds of the worker’s average weekly wage, subject to state limits.
- Permanent Partial Disability (PPD). For workers who sustain a permanent impairment, compensation is available based on the extent of the disability, which may include scarring or amputation.
- Vocational rehabilitation. Injured workers who cannot return to their former jobs may be eligible for retraining services to help them secure alternative employment.
- Death benefits. If a worker dies due to a workplace injury, dependents may be eligible for compensation, including funeral expenses.
What to Do After a Work Injury in North Myrtle Beach
The following steps can help injured workers protect their right to compensation and streamline the claim process:
- Notify the employer immediately. Prompt reporting helps ensure the injury is documented and the claim process can begin. Delays in reporting may complicate a claim.
- Seek medical attention. Injured workers can consult with the medical provider approved by their employer or the workers' compensation insurance provider.
- Follow medical advice carefully. Adhering to a doctor’s treatment plan is critical. Failure to follow recommended treatments can jeopardize a claim.
- Maintain detailed records. Injured workers may keep copies of medical bills, treatment plans, and mileage receipts. Documentation is essential if their claim is challenged.
- Contact a North Myrtle Beach Workers’ compensation lawyer. If a lawyer takes an injured worker’s case, then the attorney can clarify an injured worker’s rights, manage interactions with insurance providers, and handle potential claim issues.
How to Handle Denied Workers’ Compensation Claims
Workers' compensation claims are sometimes denied due to factors like insufficient evidence or questions about whether the injury occurred at work. A worker who believes their claim was unfairly denied may be able to appeal the decision with the South Carolina Workers' Compensation Commission.
Here are some reasons claims might be denied:
- Delayed reporting. Late injury reports may raise questions. Injured workers may document the reason for any unavoidable delays to help answer these questions.
- Disputed work-relatedness. Employers may argue an injury wasn’t job-related. If appropriate, an attorney can gather medical and witness evidence to respond to this type of dispute.
- Insufficient medical evidence. A lack of supporting medical documentation can lead to denial. Medical records and assessments from a doctor play a crucial role.
- Failure to comply with treatment. Not following a prescribed treatment plan may be used against an injured worker. Any reasons for failing to comply with a treatment plan should be documented.
3 Reasons to Contact a North Myrtle Beach Workers’ Compensation Lawyer at Derrick Law Firm
Derrick Law Firm has a longstanding commitment to protecting the rights of injured workers throughout South Carolina. With over 30 years of experience in personal injury and workers' compensation law, Derrick Law Firm understands the unique challenges faced by North Myrtle Beach workers, from hospitality staff to construction crews, and knows how to advocate for those hurt in the line of duty.
1. Client-Focused Approach
At Derrick Law Firm, clients work directly with experienced attorneys who value open communication. Our lawyers dedicate time to understanding the specific details of each case, guiding clients through every step of the claims process. Derrick Law Firm works to ensure that each client has the personal attention they deserve.
2. Experience in Workers’ Compensation Cases
Derrick Law Firm has 30 years of experience in handling personal injury and workers compensation claims. While past results cannot guarantee future results and every case is different, we enourage you to read reviews from prior clients as they can provide insight into how the firm handled similar claims. Derrick Law Firm’s attorneys use their experience to anticipate tactics insurers often use to minimize payouts and build strong cases for injured workers.
3. Comprehensive Support and Resources
Our team at Derrick Law Firm recognizes that the workers’ compensation process can be overwhelming. Our team provides comprehensive support, assisting with documentation and advocating for necessary treatments or benefits. Whether helping secure medical mileage reimbursement or appealing a denied claim, Derrick Law Firm’s lawyers are committed to working to ensure clients receive the fair benefits they are entitled to under South Carolina law.