When you’ve suffered a workplace injury, the added stress of your financial future can be too much to face on your own. A job-related injury can often keep you from returning to work, leaving you wondering how you’ll pay your medical bills and provide for your family.
Like most states, South Carolina provides financial protection for those injured on the job. If you’ve been hurt at work in Charleston, Georgetown, or anywhere else in the lowcountry, our local workers’ comp lawyers at Hoffman Law Firm have the experience necessary to fight for the compensation you deserve.
Navigating the complex workers’ compensation laws can be tricky, and attempting to do it alone can be stressful with long-lasting effects. At Hoffman Law Firm, understand workers’ compensation benefits can help get your future back on track and give you and your family the peace of mind you deserve.
Our attorneys will work diligently to ensure you’re taken care of after your workplace accident, both physically and financially. As local lawyers who grew up in the lowcountry, we have deeply rooted relationships here in our community. So, when our clients ask us who they should see for medical treatment, we often recommend the doctors who have earned good reviews from our family and friends.
Our workers’ compensation attorneys are highly skilled in SC law and will help facilitate effective communication with your employer and its insurance company, serving as your loyal advocate in South Carolina.
“If you’ve been injured on the job, your employer may try to tell you that you’re not eligible for workers’ compensation benefits because you didn’t report the accident before the end of your shift. That’s not the law. In South Carolina, you generally have 90 days to report a workplace injury.”
—David Hoffman, Founder & Acclaimed Injury Attorney & Litigator
RECOVERED IN WORKERS’ COMPENSATION CASE
This was a denied case against an employer who was uninsured. After fighting every step of the way, Hoffman Law Firm made a full recovery on behalf of our client.
RECOVERED IN WORKERS’ COMPENSATION CASE
A client suffered a brain injury at work. Case was originally denied; however, Hoffman Law Firm managed the case and got the accident victim compensated.
RECOVERED IN WORKERS’ COMPENSATION CASE
Recovered for a law enforcement officer shot in the line of work.
Workers’ Compensation is a kind of insurance that provides much-needed benefits to employees who are injured or contract an illness as a direct result of their job. The employer’s insurance company covers the cost of medical care and pays out weekly cash benefits.
Fault is not a factor, which means that a worker’s compensation eligibility is not dependent on their actions. As long as the illness or injury is work-related, they are entitled to benefits. If the Workers’ Comp claim is denied, the employee may need to appeal to the Workers’ Compensation Board or pursue legal action to recover compensation.
The employer’s Workers’ Compensation insurance carrier is responsible for payment after your on-the-job injury or illness.
If you’ve been hurt on the job, the steps that follow are essential in order to secure the Workers’ Compensation benefits you deserve.
First, be sure to report your workplace accident to your employer IMMEDIATELY.
Once you have, follow up to ensure your legal claim has been filed. Be sure to document the accident scene as well, taking photos and making notes about what happened before, during, and after your injury occurred.
After finding out which healthcare provider is covered by Workers’ Comp insurance, visit the company doctor. Get the medical treatment you need for your work-related injury or illness.
If you do not believe you received adequate medical care, Hoffman Law Firm can help.
The attorneys at Hoffman Law Firm have earned earned Super Lawyers®, Super Lawyers Rising Stars® and recognition from Lawyers of Distinction Member at 5-Star Rating for their dedication to injury clients.
· $0 Upfront Attorney Fees · Free Case Review ·
According to our South Carolina’s Workers’ Compensation Act, injured workers are entitled to employee benefits, including compensation for:
Medical treatment
Lost wages
Permanent disability
Those who have faced an on the job injury often worry that filing a workers’ comp claim may cause them to lose their job.
But there are legal statutes in place to protect injured workers, ensuring your employer cannot fire you for pursuing workplace benefits.
That’s why it’s important to know your rights, and to never let your employer bully you or intimidate you.
It’s also crucial to note that, because workers’ comp is a no-fault system, you’re eligible for compensation even if you caused your workplace accident or were partly to blame.
Hoffman Law Firm includes South Carolina Bar Certified attorneys who provide experienced legal representation focused on protecting your rights after an injury.
$0 Upfront Attorney Fee. Free Case Review.
The rules surrounding disability benefits are very complex, so it is best to entrust your case to a qualified Workers’ Comp lawyer. Our team can help determine if you are eligible for any of the following benefits:
Employees are protected from discrimination, harassment, or unfair job termination under the law. If they were hurt at work, filing a Workers’ Comp claim is their right. To protect this right, a worker may file a legal claim against their employer for “retaliatory discharge.” While firing the worker is the most extreme form of retaliation, some employers engage in more subtle types of discrimination like pay cuts or demotion.
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The attorneys at Hoffman Law Firm are members of the Million Dollar Advocates Forum, reflecting a proven record of securing significant results for injury victims.
$0 Upfront Attorney Fee. Free Case Review.
A Workers’ Compensation claim is filed with the employer’s insurance carrier. If the claim is denied or the insurer refuses to offer fair compensation, a personal injury lawsuit may be filed.
An experienced Workers’ Comp lawyer can handle the process from start to finish, first attempting to negotiate with the insurance company.
If mediation is unsuccessful and a settlement agreement cannot be reached, a trial will follow. While many personal injury lawsuits settle outside of court, your Workers’ Comp lawyer is prepared to take your case to trial.
I loved working with the staff at Hoffman Law Firm, and I loved that they were willing to take on our case even though it was a small claims case and still provided us with respectful and professional services. They really guide you through every step of the process and make sure you understand what your options are in order to get the best results.
-Teresa
Very thorough with the case and responsive within having to switch paralegals. Want to thank y’all again for all your help and wish y’all the best of luck in the future with your personal lives and the clients as well.
-Brandon
I absolutely love the Hoffman Law Firm. I always was able to reach them when I needed them, and they always returned my calls and emails quickly. Definitely will send everyone to them.
-Rusty
Trusted across the legal community, we bring deep knowledge of South Carolina law and strong advocacy for every client. We welcome attorney referrals statewide—contact us to discuss a referral.
Our experienced personal injury team is proud to serve the Lowcountry, offering trusted legal representation right here at home. Committed to securing the compensation our friends and neighbors deserve, our personal injury attorneys will walk beside you each step of the way.
From filing your claim to communicating with the insurance company, we handle your entire claim for you. Get in touch for trusted legal advice and schedule your free consultation today!
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How much does it cost to hire a Georgetown workers' compensation lawyer?
Majority of Georgetown County workers’ compensation lawyers work on a contingency fee basis, meaning you typically pay no upfront attorney fees. Your attorney is generally paid only if they recover benefits or compensation for you.
Hoffman Law Firm can explain how workers’ compensation attorney fees work and help you understand your options after a workplace injury.
Can I get fired for filing a Workers’ Compensation claim?
No. The South Carolina law protects employees from any form of retaliation, including termination of employment.
This means that your employer cannot fire you solely because you filed an accident claim for your on-the-job injury.
What should I do if my South Carolina workers' compensation claim is denied?
A denied claim does not necessarily mean your case is over. Depending on the reason for the denial, you may be able to pursue your claim through the South Carolina Workers’ Compensation Commission.
Evidence such as medical records, employment information, accident reports, and witness statements may help support your case.
Hoffman Law Firm can review your denied workers’ compensation claim and help you understand the next steps available under South Carolina law.
What is Workers’ Compensation in simple terms?
Workers’ compensation, often called workers’ comp, is a type of insurance that helps employees who get hurt or become sick because of their job.
It can help pay for medical treatment, recovery costs, and some of the wages you may miss while you’re unable to work.
Most employers are required to carry workers’ compensation insurance.
It’s designed to help injured workers get the support they need while also protecting employers from unexpected costs after a workplace injury.
You may also hear people call it workman’s compensation or workman’s comp.
These terms all mean the same thing, benefits available to employees after a work-related injury or illness.
How does having an attorney help my work-related injury case?
Do not assume that your employer’s insurance company has your best interests in mind.
They may try to offer less than you are entitled to after your work-related injury – which is why it is crucial to have an experienced Charleston workers’ compensation attorney on your side.
Our team will fight to maximize your recovery, ensuring you are not taken advantage of. Hoffman Law Firm’s attorneys know SC law inside and out, and we are here to help you get the compensation you deserve.
If you have suffered a work-related injury in Georgetown County, schedule your free consultation today to get started.
What benefits does South Carolina workers' compensation cover?
Depending on your injury and claim, workers’ compensation benefits may include:
Hoffman Law Firm can review your Georgetown County work injury and help you understand which benefits may be available.
Does my specific injury qualify for Workers’ Comp?
Because work related injuries are very diverse, you must only prove that your accident occurred at work and that it caused your injury.
This is often easier said than done, especially if your employer denies your personal injury claim. That’s why it’s important to have an experienced Georgetown Workers’ Comp attorney on your side.
Hoffman Law Firm can review your workers’ compensation claim and help you understand the next steps available under South Carolina law.
If my workplace accident was my fault, can I still file an accident claim?
Yes. As long as your accident occurred at work, you are eligible for benefits – regardless of fault.
Exceptions include irresponsible or reckless behavior such as drug or alcohol use, horseplay, etc.
Do I have to see the company doctor? Can I get a second opinion?
In South Carolina, the employer or its workers’ compensation insurance carrier generally has the right to select the authorized medical provider for your treatment.
Seeking treatment from another doctor without authorization may affect whether those medical expenses are covered. Depending on the circumstances, disputes over medical care may be addressed through the South Carolina Workers’ Compensation Commission.
If you are concerned about your medical treatment, Hoffman Law Firm can review your situation and help you understand your options.
Can I be fired for filing a workers' compensation claim in South Carolina?
South Carolina law generally prohibits an employer from firing or retaliating against an employee solely for filing a good-faith workers’ compensation claim.
However, employment and workers’ compensation issues can involve additional facts, including medical restrictions and an employee’s ability to perform essential job duties.
If you believe your employer retaliated against you after a Georgetown County workplace injury, Hoffman Law Firm can review the circumstances and discuss your potential legal options.
How much will I receive in lost wage benefits in South Carolina?
In general, South Carolina workers’ compensation benefits may equal two-thirds of your average weekly wage, subject to applicable state maximums.
The amount you receive and how long benefits continue can depend on your injury, work restrictions, and other factors.
Hoffman Law Firm can review your wages and work restrictions to help you understand what lost-income benefits may apply to your claim.
How long do I have to report a work injury and file a workers' compensation claim?
South Carolina workers’ compensation claims involve important deadlines. In general:
Deadlines and exceptions can vary based on the circumstances.
Hoffman Law Firm can review your situation and help you understand the deadlines that may apply to your Georgetown County workers’ compensation claim.
What is the difference between partial and total disability?
In cases of severe injury, you may be eligible for partial or total disability. Please read the descriptions below to learn more about each.
Temporary partial disability: In this case, you are able to work but will earn less due to your injury. Benefits include 2/3 of the difference between your wages before and after the injury and are paid for a maximum of 340 weeks.
Permanent partial disability: Compensation is typically based on the injury’s severity and its effect on your job performance. Each body part has a “max value,” and benefits will be paid up to 340 weeks.
Temporary total disability: Benefits in this case are 2/3 of your average weekly wage, capped at a certain maximum value. Benefits are paid until you reach max medical improvement or until you are able to do your job normally.
Permanent total disability: This is the result of a very serious injury, such as the loss of both legs. In most cases, benefits are paid for up to 500 weeks, based on your average weekly wage. But there are exceptions for accident victims who sustain brain damage or are left as paraplegics or quadriplegics. In these instances, benefits last for life.
Can I handle my workers’ comp claim myself?
While you can file a legal claim yourself, it is not advised.
Even seemingly straightforward cases can quickly become complicated, and if you don’t have a thorough understanding of the Workers’ Comp laws in question, your benefits and your family’s future are at risk.
If you’ve been hurt at work, it’s best to contact Hoffman Law Firm immediately.
Our team has extensive experience handling cases like yours, and getting injured workers the benefits they deserve.
Can I collect unemployment after Workers’ Compensation?
You may be able to collect unemployment after a Workers’ Comp settlement, depending on the circumstances surrounding your on-the-job injury.
In many cases, injured workers sign a resignation letter as part of their settlement deal. If you do this, you may not be able to collect unemployment.
Keep in mind that if you are collecting unemployment benefits during the settlement process, the value of your Workers’ Compensation case will decrease to reflect this.
Consult your Workers’ Comp attorney for details about your specific case.
Who sends me my weekly check?
Your employer’s insurance carrier is responsible for payment if your workplace injury keeps you out of work for more than seven days.
All employers with four or more employees are required by law to carry Workers’ Comp insurance.
Will I get reimbursed for travel expenses when I visit my doctor?
Yes, Workers’ Compensation benefits include medical travel expenses if the round-trip distance is more than ten miles from your home.
As of August 2004, the Workers’ Comp Commission approved reimbursement for travel to the pharmacy as well – as long as the round-trip distance exceeds ten miles.
You will receive reimbursement for mileage at the rate allowed by state employees.
What if the doctor releases me to light duty?
If light work is ordered, you must accept it.
Refusal to return to light work may result in the discontinuation of all compensation.
You do, however, have the right to a hearing if you believe that you are not capable of safely completing the work your employer has assigned.
If you return to light work before your doctor fully discharges you at a lower wage than you earned before your injury, you are still entitled to Workers’ Comp benefits.
You will receive weekly compensation at a rate of ⅔ the difference between your average weekly wage and your new wage.
How is the compensation rate determined?
If you have been hurt at work, you are entitled to compensation at a rate of 2⁄3 of your average weekly wage – based on the four quarters prior to your workplace injury.
This amount cannot exceed the maximum average weekly wage determined annually by the South Carolina Department of Employment and Workforce.
Note: if you have two or more jobs when your accident takes place, these wages may be included in the average weekly wage calculation. It is best to have an experienced Workers’ Comp attorney on your side to ensure you receive the full benefits you are entitled to.
Will I get compensated for missing time from work because of my injury?
If you are out of work for more than seven days, you are entitled to Workers’ Compensation benefits. The payments will come directly to you from your employer’s insurance carrier after the seven day waiting period. If you are out of work for more than 14 days, you will receive compensation for the first seven days. Payments will continue until your doctor authorizes your return to work.
When will my benefits be terminated?
After your doctor releases you to return to work (with or without physical restrictions), you should receive two copies of Form 15 within 150 days.
Section II will be completed, confirming that compensation has stopped – and including the reasons why.
If you disagree with the reasons listed, complete Section III of the form and send it to the Commission’s Judicial Department.
This is your request for a hearing to be held in 60 days.
If your doctor authorizes your return to work after the 150-day notification period has ended, your employer or their insurance representation will request that you sign Form 17.
This form serves as a receipt of compensation and should be completed after you have been back on the job for 15 days.
Is Workers’ Compensation the same as unemployment?
No. To receive unemployment, you must be able and available to work.
Workers’ Compensation, on the other hand, is for people who cannot work due to illness or injury. Both criteria cannot be satisfied at the same time, meaning that you cannot be eligible for both at the same time.
Trying to cheat the system and collect both benefits is considered fraud – and may result in criminal and/or civil charges.
Can I sue my employer or another party for a work injury?
In many situations, workers’ compensation is the exclusive remedy against your employer for a workplace injury.
However, a third party may be responsible in certain accidents.
For example, you may have a separate claim if your injury was caused by:
Hoffman Law Firm can investigate your work accident to determine whether a workers’ compensation claim, third-party injury claim, or both may be available.
Is Workers’ Compensation taxable?
No, all Workers’ Comp benefits are tax exempt.
You do not have to pay state or federal income taxes on your Workers’ Comp benefits.
When will I start receiving Workers’ Compensation benefits?
If you report your workplace accident right away and your employer accepts your legal claim, you should begin receiving benefits almost immediately.
Remember that you must report your injury to your employer within 90 days of the accident.
What do Hoffman Law Firm reviews say about workplace accident and catastrophic injury cases?
Our clients’ reviews reflect the care, experience, and determination we bring to workplace accident, workers’ compensation, and catastrophic injury cases.
We understand that a serious workplace injury can impact your health, finances, and future, which is why we focus on providing trusted guidance and strong legal representation from start to finish.
Clients often recognize us for our personal attention, timely communication, and commitment to protecting injured workers’ rights.
Our reputation is supported by decades of legal experience and recognition from respected organizations, including:
Lawyers of Distinction Member · 5-Star Rated
While every workplace injury claim is unique and no attorney can guarantee a specific result, our experience handling complex injury cases allows us to build strong claims focused on protecting our clients’ rights.
Whether you were hurt on the job, facing a denied workers’ compensation claim, or suffered a life-changing catastrophic injury, we are prepared to investigate the facts, challenge insurance companies when necessary, and pursue the benefits and compensation you may be entitled to under South Carolina law.