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Workers' Compensation

 

Legal Services:


We represent injured workers/employees with:

  • Amputation

  • Fractures

  • Smith And Griffith - Anderson, SC - Workers CompensationBack and Neck Injuries

  • Shoulder Injuries (i.e., rotator cuff, impingement, tendonitis)

  • Spinal Cord Injuries

  • Traumatic Brain Injuries (TBI)

  • Head Injuries, Closed Head Injuries

  • Broken Bones/ Scars

  • Paralysis

  • Herniated and Ruptured Discs

  • Severe Burns

  • Repetitive Trauma Injuries

  • Carpal Tunnel

  • Hand and Finger Injuries

  • Leg, Knee Injuries

  • Foot, Heel, and Ankle Injuries

  • Mental, Depression, and Psychological Injuries (i.e., PTSD)

  • Death Claims

  • And other serious injuries

12 million work-related injuries occur each year and equal 20% of all injuries in the United States.  7.2 million injuries involve the musculoskeletal system.  (Bureau of Labor Statistics, United States Department of Labor). 

  

The South Carolina Workers' Compensation Act is a state-regulated insurance program administered by the South Carolina Workers’ Compensation Commission that helps workers who are injured on the job or suffer diseases related to their occupation. A workers' compensation claim is different from a general personal injury claim. To recover on a workers' compensation claim, the employee only needs to show that the injury was work related, not that the employer was negligent in any way.

  

Workers’ Compensation is a no fault system.  Usually fault or negligence on the part of the employee will not affect your Workers' Compensation claim. If someone other than your employer or another employee caused the work injury, you should immediately consult with a lawyer.  For instance, if you were driving on your job and another driver causes an accident injuring you, you would have both a workers’ compensation claim (with your employer) and a third party negligence claim against the at-fault driver.  You can pursue both, but without a lawyer, you may be limited to one or the other.  We can evaluate the best way for you to recover for your injuries without giving up any rights you have under the South Carolina Workers’ Compensation Act. 

Further, the fact that the employee had a previous injury or claim concerning the same body part will not invalidate the claim.  A work injury that aggravates of a pre-existing injury or condition is covered.  Aggravation of pre-existing back conditions is common in back injuries under workers’ compensation.

  

Unless a defective, unsafe machine or product is involved, allowing for a separate product liability claim, a workers' compensation claim is the employee's only recourse against the employer for work related injuries. The compensation an employee is entitled to under workers' compensation may be substantially less than the compensation available in a general personal injury claim. Benefits include weekly compensation to disabled workers, medical expenses, partial or total disability, mileage reimbursement, and death benefits.

  

Employers and insurance companies use professional adjusters and lawyers who are familiar with Workers' Compensation system to protect their rights. But most workers do not know their rights or benefits. Generally, under South Carolina law, you must notify your employer of a work injury within 90 days of the injury. For carpal tunnel and repetitive motion injuries cases, the employee must notify the employer of the injury/claim within 90 days of discovery and/or diagnosis, whichever occurs first.  Further, your claim must be filed within 2 years of the accident or injury or it may be barred by law.

  

We Represent ALL Injured Persons


Smith & Griffith, LLP represents all injured employees including illegal aliens or undocumented aliens.

Call us (864) 222-2293 or email us at

John P. Griffith - john@andersonsclawyer.com 

For a FREE Consultation Today! 

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