Workplace Injury Lawyer in Lancaster

Are you having difficulty obtaining workers’ compensation benefits after a serious accident on the job? Has your employer denied your request to pay for your medical care after a workplace injury or questioned your right to receive workers’ compensation? You need the guidance of a committed and experienced workplace injury attorney who fights for injured workers.

Workplace injury attorney David Blackwell represents residents in Indian Land, Lancaster, and throughout South Carolina who have been injured on the job and denied workers’ compensation. He can review your employment status and determine whether you should qualify for workers’ compensation benefits. He has successfully handled numerous workers’ compensation appeals and helped injured workers seek full benefits. If your employer or your company’s insurance administrator is disputing your right to receive workers’ compensation benefits after an on-the-job injury, talk with a workers’ compensation injury attorney who stands up for injured workers.

David Blackwell Law is proud to represent hard-working people who are trying to cope with difficult circumstances such as workers’ compensation disputes after serious workplace injuries.

Our law firm represents injured workers in Kershaw, Fort Mill, Indian Land, Lancaster and the surrounding communities of Lancaster County and York County, South Carolina. We take pride in the personal attention we provide each client who we represent.

Schedule a free consultation to find out how David Blackwell Law may assist you.

Can I Sue My Employer for a Work-Related Injury?

Generally speaking, an injured worker is not permitted to file an injury lawsuit against his or her own employer after a workplace accident.

Workers’ compensation is a no-fault insurance system and provides benefits without the worker having to prove that the employer caused the workplace accident. The State of South Carolina requires all employers with four or more full-time or part-time employees to have workers’ compensation insurance to protect employees who are injured on the job. There are some exceptions including agricultural employees and railroads.

In exchange for providing workers’ compensation insurance, employers are shielded from injury lawsuits brought by workers.

You may have other options after a workplace accident. If you are injured at work as a result of a piece of unsafe machinery or due to unsafe conditions created by a company other than your own employer or your coworker, you may have a right to sue the other at-fault party for your injuries. These lawsuits are known as third-party claims.

A knowledgeable personal injury lawyer at David Blackwell Law can review the details of how your workplace injury occurred and discuss whether you have a legal right to file a third-party claim.

How Long Do I Have to Report a Workplace Injury?

If you are injured on the job or develop an illness related to your work, you should report the condition to your employer immediately and request medical treatment if needed. You have a maximum of 90 days to notify your employer of a workplace injury and two years to file a claim for benefits. But it is best to report the injury as soon as possible. Workers’ compensation claims have certain time limits. If you do not report the injury within 90 days, you may lose your right to collect workers’ compensation benefits.

If a worker is fatally injured in a workplace accident, the worker’s dependents or parents if there are no dependents have two years from the date of the death to claim workers’ compensation death benefits.

Can an Employer Fire You If You Get Hurt on the Job?

Workers who are injured on the job are often reluctant to report the injury or file a workers’ compensation claim because they are concerned that they may lose their jobs.

South Carolina law bars employers for dismissing a worker as retaliation for reporting a workplace injury or seeking workers’ compensation benefits.

Who Qualifies as an Employee for purposes of Workers’ Compensation?

Some businesses may try to argue that an injured worker is an independent contractor to avoid paying workers’ compensation benefits. But it makes no difference how an employer classifies you. South Carolina law is clear regarding the rights of those who are injured on the job.

The determining issue is whether an injured worker is entitled to workers’ compensation is the degree of control that an employer has over you and setting your work schedule. Does the employer provide the tools or equipment you use to perform your job?

If the employer exercises control over your work schedule, you are likely entitled to workers’ compensation benefits if you are injured while performing your job whether you are a full- or part-time worker, an adult or a minor.

If there is a dispute about whether you are entitled to workers’ compensation or whether your injury occurred on the job, the South Carolina Workers’ Compensation Commission is charged with hearing and settling the dispute. A single commissioner initially hears the case. The commissioner’s decision on the contested case may be appealed to the full compensation commission. Attorney David Blackwell can represent you at a hearing before the commission and at informal conferences to try to resolve your claim in your favor.

Unpaid volunteers are not covered by Workers’ Compensation.

Do You Still Get Paid If You Get Hurt at Work?

If you qualify for workers’ compensation benefits in South Carolina and are unable to work, you are entitled to weekly checks to cover a portion of your lost wages and mileage reimbursements for visits to the doctor. You have to be out of work seven days before the payments start.

Injured employers receive checks that are equal to 66 percent of their average weekly wage for the four quarters prior to the injury. The maximum weekly compensation for 2018 is $838.21.

You should receive weekly workers’ compensation checks from your employer’s insurance administrator until the doctor releases you to return

Contact a Lancaster Workplace Injury Attorney

After a serious on-the-job accident, you should be focused on your recovery and regaining your health. You should not be having to fight with a workers’ compensation insurance representative to receive employee medical benefits. At David Blackwell Law, we want to ease your burden by representing you in dealings with the insurer, handling the paperwork and helping you pursue workers’ compensation benefits.

At David Blackwell Law, we represent injured employees who are having disputes with their employer or the employer’s insurance representative about a workplace accident and the availability of workers’ compensation benefits. We don’t collect a legal fee unless we are successful in helping you obtain a workers’ compensation settlement or award for you. If we are successful, we receive a portion of the overall amount as a legal fee. The attorney fee must be approved by the South Carolina Workers’ Compensation Commission.

David Blackwell Law has developed a reputation in Lancaster and York counties for providing strong representation to hard-working people in South Carolina who are going through tough times. If you have experienced a workplace injury and are having trouble obtaining benefits, don’t take “No” for an answer. Let David Blackwell Law review the details of your workplace injury and discuss your rights and whether we may assist you. Contact our Lancaster & Indian Land workplace injury lawyer today.

Monday	8:00 am - 5:00 pm
Tuesday	8:00 am - 5:00 pm
Wednesday	8:00 am - 5:00 pm
Thursday	8:00 am - 5:00 pm
Friday	8:00 am - 1:00 pm

Monday	8:00 am - 5:00 pm
Tuesday	8:00 am - 5:00 pm
Wednesday	8:00 am - 5:00 pm
Thursday	8:00 am - 5:00 pm
Friday	8:00 am - 1:00 pm