Have you or a loved one been injured in a workplace accident in Edgefield County, SC? South Carolina law gives work accident victims the right to seek compensation for their injuries. An Edgefield County workplace accident lawyer at Hawk Law Group can help you explore your rights under workers’ compensation and personal injury laws.
Our lawyers have a proven record of helping accident victims recover the fair compensation they deserve. In fact, we’ve recovered tens of millions of dollars for our injured clients over the years.
We’re here to help you understand your legal options and develop a plan for recovering compensation. Contact our law offices in Edgefield County, South Carolina to schedule a free consultation to learn more.
Table of Contents
How Hawk Law Group Can Help After a Workplace Accident in Edgefield County
Workers’ compensation is designed to protect those workers and their families. Unfortunately, the process is rarely simple. You may face challenges at every turn–and you may not realize that you might be able to file a personal injury lawsuit for additional money.
At Hawk Law Group, our Edgefield County personal injury lawyers have over 71 years of combined experience helping clients like you. We’ve won some of the highest verdicts in the area–including a $30 million verdict.
Hiring us means you’ll have a legal team to:
- Conduct a full investigation into the accident
- Review your medical records and work with your doctors to assess your case value
- Hire experts and specialists to establish your case
- Defend you if you’re blamed for the accident or your workers’ comp claim is denied
- Handle all paperwork and administrative tasks
- Negotiate with the insurance companies for the maximum compensation possible
To get what’s fair, you need a lawyer who specializes in personal injury–not criminal defense or medical malpractice. To learn more about how a lawyer can help increase your chances of recovering fair compensation, call our Edgefield County personal injury attorneys for a free case review today.
What Is My Edgefield County Workplace Accident Case Worth?
Every accident and injury claim is different. Your injuries will impact your life in unique ways–and your expenses won’t be the same as anyone else’s.
That said, several factors are important in nearly every case.
The value of your workers’ comp claim depends on:
- The cost of your medical treatment
- Your lost wages and earnings prior to the accident
- The length of your recovery period
- Whether you’re partially or totally disabled
- Whether your disability is temporary or permanent
Workers’ comp provides a weekly cash benefit to cover about ⅔ of your lost wages prior to the accident. However, that weekly check is capped at $963.37 per week in 2022–regardless of whether you earned more prior to the accident.
Additional factors are relevant to your case if you’re entitled to file a personal injury lawsuit for damages, including:
- How the injury impacts your quality of life, education, and lifestyle
- Your emotional trauma and physical pain and suffering
- Whether your acts contributed to the accident
- Available insurance coverage
Our Edgefield County workplace accident attorneys will closely analyze the evidence in your case to help you pursue the fair compensation you deserve.
What Types of Damages Are Available to Workplace Accident Victims?
Injured workers in South Carolina have two primary options for recovering damages after a work-related accident: personal injury lawsuits and workers’ compensation claims.
Most South Carolina employers are required to carry workers’ compensation insurance. If you were injured in the course of employment and are classified as an employee, you may be entitled to the following types of benefits:
- All reasonable and necessary medical care
- Temporary disability benefits
- Permanent disability benefits
- Benefits for partial disability
- Death benefits
These economic damages are designed to help you get back on your feet again after an accident. However, they don’t compensate work accident victims for all of their losses or any of their non-economic damages.
If you’re entitled to file a personal injury lawsuit, you may be entitled to additional types of damages, including:
- Past and future medical expenses not covered by workers’ comp
- The full amount of your lost wages
- Reduced future earning potential
- Rehabilitation and specialized care
- Property damage
- Pain and suffering
- Lost enjoyment of life
- Emotional distress
- Permanent physical disfigurement and scarring
- Anxiety or depression
- Loss of consortium
These damages aren’t available to all work accident victims. Because you typically can’t sue your employer for damages outside the workers’ compensation system, they’re only available if a negligent third party caused your accident and injuries.
For example, you may be entitled to seek compensation from:
- Other drivers in a car accident
- Subcontractors or general contractors
- Property owners who fail to maintain their premises in a safe condition
- Manufacturers of defective work tools and equipment
- Vendors or suppliers
- Engineers or architects
If you can file a third-party claim, you may also be entitled to seek punitive damages if the at-fault party’s acts were intentional or amounted to gross negligence.
Can I Recover Damages If I’m Being Blamed For a Workplace Accident in South Carolina?
Under South Carolina’s modified comparative negligence laws, accident victims can recover compensation if they’re less than 50% responsible for an accident. Once your share of fault exceeds 50%, you’re barred from recovering damages.
Keep in mind that these shared fault rules only apply in a personal injury case. You’re entitled to workers’ comp benefits even if you were completely responsible for the accident.
It’s also important to remember that injured workers are often unfairly blamed for their injuries. If your employer or the insurance company is pointing their finger at you, don’t hesitate to reach out for legal advice. Our state bar-certified lawyers will work tirelessly to defend you.
We’ll Fight to Recover Compensation For All of Your Workplace Accident Injuries
Work injuries can range from mild to severe.
At Hawk Law Group, we often handle cases involving:
- Broken bones
- Nerve damage
- Soft tissue damage
- Traumatic brain injuries
- Spinal cord injuries
- Head and neck injuries
- Back injuries
- Organ damage
- Amputation injuries
- Catastrophic injuries
- Wrongful death of a loved one
Do you have questions about your legal rights after an injury? Call our law firm in Edgefield County to schedule a free consultation today.
What Causes Most Workplace Accidents in Edgefield County, South Carolina?
You shouldn’t have to worry about getting hurt when you head to work. Still, even if you don’t work in a dangerous industry, work-related accidents happen all the time.
At Hawk Law Group, our experienced lawyers often represent clients in work accident cases involving:
- Motor vehicle accidents
- Scaffolding accidents
- Construction site accidents
- Falls from ladders, roofs, and other heights
- Electric shock
- Exposure to toxic substances
- Slip and fall accidents
- Accidents in restaurants, bars, and kitchens
- Exposure to hot objects
- Heavy machinery accidents, including forklift and crane accidents
- Fires and explosions
- Repetitive stress
- Accidents involving falling objects
- Accidents where a worker is caught between two objects
- Workplace violence
These accidents can happen for many different reasons.
Some of the most common causes of workplace accidents include:
- Failure to follow state and federal safety regulations
- Violations of state and federal labor laws
- Lack of fall protection
- Lack of safety equipment
- Negligent hiring practices
- Failure to properly train and supervise employees
- Communication failures
- Negligent property maintenance
- Defective work equipment
- Premises liability
- Negligent security
Determining the cause of your accident is the only way to make sure you’re getting full compensation. To learn more about the legal issues in your case, call for a free initial consultation today.
How Do I Prove Negligence After a Workplace Accident in South Carolina?
Most personal injury cases are based on negligence. To recover damages, you must prove that someone else caused your injuries because they were careless or reckless.
There are four elements to a negligence claim:
- A legal duty of care
- Breach of duty
You don’t have to prove these elements to claim workers’ compensation. Workers’ comp is a no-fault system, so you can receive benefits even if your employer wasn’t negligent. On the other hand, you will have to prove fault to pursue compensation via the personal injury system.
How Long Do I Have to File a Lawsuit After a Workplace Accident in South Carolina?
In a typical case, the statute of limitations is three years under South Carolina law. You have three years from the date of the accident to file a personal injury lawsuit.
Under South Carolina workers’ compensation laws, you have 90 days from the date of the accident to report your injuries. Wait any longer, and you could lose your right to file a claim for workers’ compensation.
Contact an Edgefield County Workplace Accident Lawyer For a Free Consultation
Were you or a family member injured on the job? Getting fair compensation can be a complicated process. An Edgefield County workplace accident lawyer at Hawk Law Group can handle the details while you focus on recovering. Call our law firm to schedule a free case evaluation to get started.