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South Carolina Workers’ Comp

Attorney Tyler Bailey | 888-981-0034 | Free Consult

If you’re injured on the job, how can South Carolina workers’ comp laws help you?

Tyler Bailey is the founder of Bailey Law Firm, which is based in Columbia, South Carolina. He was named one of the Top 40 Under 40 trial lawyers by National Trial Lawyers Monthly. He can assist with matters ranging from personal injury and workers' compensation to criminal defense, family law, and civil law.

In this interview, he explains what you should do if you’re injured at work in South Carolina. Depending on the circumstances of your injury, either workers’ comp or a personal injury lawsuit could be your best option.

To schedule a free consultation with attorney Tyler Bailey, call 888-981-0034 or submit a contact form on this page. You owe no out-of-pocket attorney fees.

When do you file a workers’ comp claim versus a personal injury claim for a workplace injury?

In South Carolina, any injury you have is subject to workers’ compensation laws. Workers’ compensation can help injured workers with medical payments, permanent impairment, and disability.

If the injury didn’t occur within the scope of your employment, then you have a regular tort action. That is a traditional personal injury claim that you file against someone due to negligence.

What if you’re an independent contractor? Can you still collect workers’ comp?

Independent contractors are not subject to workers’ compensation laws. This could be a plus, as it allows an injured independent contractor to sue their employer for negligence or intentional conduct. Employees do not have the option of suing their employer (in most cases) and must go through the workers’ compensation system.

What can you do if your claim is denied?

If the claim is denied, that does not mean that it’s the end of the road. If your claim is denied, you can file for a hearing, where you present your case to a hearing officer. Generally, if you’re injured in the course and scope of your employment, and you are an employee of the employer, you should receive workers’ compensation benefits.

If it’s a regular tort claim and the insurance company denies the case, that’s also not the end of the road. From there you can file a civil lawsuit where you argue that your damages are the result of someone else’s negligent behavior.

Can undocumented workers seek workers’ compensation?

In South Carolina, workers’ compensation laws provide benefits to all employees regardless of immigration status. Anyone injured at work, regardless of their immigration status, is welcome to contact an attorney for a confidential consultation to learn more about their rights. Even if they used fake documentation to get the job, they can still seek workers’ comp benefits.

How much does it cost to hire a workers’ comp attorney?

Under workers’ comp law, the employer is responsible for all medical costs related to the injury. In a personal injury case, the at-fault party will ultimately be responsible for covering the damages caused by their own negligence. Your attorney can contact your medical providers to let them know that other parties will be covering your medical costs.

Additionally, workers’ comp and personal injury attorneys will only charge attorney fees if they successfully recover compensation for their clients.

What are the deadlines for filing a claim?

You must file a workers’ compensation claim within two years of the date of injury. If a person has died, their heirs must file within two years of the death.

For personal injury claims in South Carolina, you generally have three years to file the claim.

What types of claims do you handle most frequently?

Most of Tyler Bailey’s clients are hardworking blue-collar employees who work with their hands. Many of them have become injured on the job and don’t know what to do next.

As far as his personal injury practice goes, he represents all sorts of people who have been injured by the negligence or intentional conduct of others. This includes car accidents, truck accidents, police brutality, slip and fall cases, and premises liability.

If someone is considering filing a workers’ comp claim, what would you recommend?

After an injury, the last thing you want to do is try to handle the case yourself. Your employer and the insurance companies are looking to preserve their bottom line, which can be in direct opposition to your best interests. It could mean denying you funds to pay for the medical care you are lawfully entitled to. Call a personal injury lawyer or workers’ compensation attorney you trust to help cover the damages you need.

To schedule a free consultation with attorney Tyler Bailey, call 888-981-0034 or submit a contact form on this page. You owe no out-of-pocket attorney fees.

Disclaimer: This video is for informational purposes only. In some states, this video may be deemed Attorney Advertising. The choice of lawyer is an important decision that should not be based solely on advertisements.


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