Charleston Workers' Compensation Attorneys

South Carolina workers’ compensation claims involve important deadlines. In general:

• Report your injury: You should notify your employer as soon as possible. South Carolina law generally provides up to 90 days to give notice.
• File your claim: In many cases, you have two years to file a workers’ compensation claim.

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 Charleston, SC workers’ compensation claim.

South Carolina workers’ compensation law generally allows the employer to provide or arrange authorized medical treatment for a work-related injury. The employee may be required to accept medical treatment provided by the employer unless the Workers’ Compensation Commission orders otherwise.

• Tell your employer about the injury and ask where you should receive authorized treatment.

• If emergency treatment is necessary, seek appropriate emergency medical care.

• If you want to treat with your own doctor, discuss whether the treatment is authorized and whether the workers’ compensation carrier is required to pay for it.

• The Workers’ Compensation Commission may address disputes involving medical treatment or a request to change medical providers.

If you are concerned about your medical treatment, Hoffman Law Firm can review your situation and help you understand your options.

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 Charleston workplace injury, Hoffman Law Firm can review the circumstances and discuss your potential legal options.

Generally, South Carolina employers with four or more employees must provide workers’ compensation coverage, subject to statutory exceptions. The law also includes an exception for certain employers with less than $3,000 in annual payroll. Specific exemptions apply to certain types of workers and industries, including some agricultural employees and railroad workers.

If you are unsure whether your employer is required to carry coverage, check with the South Carolina Workers’ Compensation Commission or speak with a workers’ compensation attorney.

For qualifying total disability, South Carolina workers’ compensation generally provides weekly benefits equal to 66⅔% of the employee’s average weekly wages, subject to statutory minimums and maximums. The maximum weekly compensation rate for injuries occurring on or after January 1, 2026, is $1,189.94.

The amount of benefits depends on the applicable workers’ compensation rules and the employee’s wages. Partial disability benefits are calculated differently.

South Carolina also generally does not pay compensation for the first seven calendar days of disability, but if the disability lasts more than 14 days, compensation is allowed from the date of disability.

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:

• A negligent driver
• A defective product or machine
• Another company or individual not protected by workers’ compensation immunity

Hoffman Law Firm can investigate your work accident to determine whether a workers’ compensation claim, third-party injury claim, or both may be available.

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.

Most Charleston, SC 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.

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.

Depending on your injury and claim, workers’ compensation benefits may include:

• Medical care: Authorized doctor visits, hospital care, surgery, medication, and physical therapy
• Lost wages: Benefits that may help replace a portion of your income while you are unable to work
• Disability benefits: Compensation for qualifying permanent injuries or loss of function

Hoffman Law Firm can review your Charleston-area work injury and help you understand which benefits may be available.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

No, all Workers’ Comp benefits are tax exempt. You do not have to pay state or federal income taxes on your Workers’ Comp 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.