Find Workers Compensation Lawyers Near You in Myrtle Beach, SC

The cost of hiring a workers compensation lawyer in South Carolina is generally structured on a contingency fee basis, meaning you pay no upfront retainer and the lawyer only gets paid if you receive benefits. Typical contingency fees range from 20 to 25 percent of the total settlement or award, though this can increase to 33 percent if the case requires a formal hearing or appeal. Some lawyers may charge a small administrative fee for copying records or filing documents, but these costs should be disclosed in your fee agreement. South Carolina law requires that all attorney fees in workers compensation cases be approved by the Workers Compensation Commission to ensure they are reasonable.

It is important to remember that this information about costs and fees is general in nature and does not constitute legal advice. Every case is different, and the specific fee arrangement will depend on the complexity of your claim, the amount of benefits at stake, and the individual lawyers policies. You should always request a written fee agreement before hiring any lawyer and ask about any additional costs that may arise during your case. Consulting with multiple lawyers in Myrtle Beach can help you understand the range of fee structures available in your area.

Workers compensation in South Carolina provides a critical safety net for employees who suffer on-the-job injuries, develop occupational diseases, or experience repetitive stress injuries from their work activities. In Myrtle Beach, where construction, hospitality, and tourism-related industries dominate the local economy, workers face unique risks ranging from construction accidents on new developments to cumulative trauma from years of lifting, bending, or operating heavy equipment. South Carolina law requires most employers to carry workers compensation insurance, which covers medical expenses, lost wages, and rehabilitation costs without requiring the employee to prove fault. This no-fault system is designed to provide prompt benefits while protecting employers from most civil lawsuits, but navigating the claims process can be complex, especially when injuries are severe or disputes arise over the extent of disability.

South Carolina Code of Laws Title 42 governs workers compensation in the state, and the law applies to employers with four or more regular employees, with some exceptions for agricultural workers, casual laborers, and certain railroad employees. For construction industry employers, the threshold is lower: any employer with one or more employees must carry coverage. The South Carolina Workers Compensation Commission administers the system and sets benefit calculation formulas based on the employees average weekly wage. As of 2024, the maximum weekly benefit for temporary total disability is $1,046.70, and the minimum is $104.67. Benefits are calculated at 66 and two-thirds percent of the employees average weekly wage, subject to these caps. The state also imposes a seven-day waiting period before wage replacement begins, but if the disability extends beyond 14 days, benefits are retroactive to the date of injury. Permanent partial disability benefits are calculated based on a statutory schedule for specific body parts, with payments ranging from a few weeks to several hundred weeks depending on the severity and the body part involved.

The types of benefits available under South Carolina workers compensation include temporary total disability, which pays wage replacement while the employee is healing and unable to work at all. Permanent partial disability benefits apply when the employee reaches maximum medical improvement but retains some permanent impairment, such as a reduced range of motion in a shoulder or a partial loss of hearing. Permanent total disability benefits are reserved for catastrophic injuries that leave the employee unable to perform any substantial gainful employment, such as severe spinal cord injuries, traumatic brain injuries, or loss of both hands or both eyes. Medical benefits cover all reasonable and necessary treatment related to the work injury, including surgeries, hospital stays, prescriptions, and physical therapy, with no dollar cap or time limit. Vocational rehabilitation services may be provided if the employee cannot return to their previous job, helping with retraining and job placement. Death benefits are available to dependents if a workplace injury results in death, providing up to 500 weeks of payments at the same two-thirds rate, plus burial expenses up to $12,000.

The claims process in South Carolina begins with the employee reporting the injury to their employer as soon as possible, but no later than 90 days from the date of injury. The employer must file a First Report of Injury or Illness with the Workers Compensation Commission within 10 days of receiving notice. The insurance carrier then has 14 days to accept or deny the claim. During the claims process, the insurance company may require the employee to attend an independent medical examination with a physician of their choosing to evaluate the extent of the injury. Once the employee reaches maximum medical improvement, meaning the condition has stabilized and further improvement is unlikely, the doctor assigns an impairment rating that determines permanent disability benefits. Settlement options in South Carolina include lump sum payments, which close out all future benefits, or structured settlements that provide periodic payments over time. Lump sum settlements require approval by the Workers Compensation Commission to ensure the employee understands the consequences of waiving future medical care.

Disputed claims are common in South Carolina workers compensation cases, and the reasons for denial can include late reporting, failure to prove the injury arose out of and in the course of employment, pre-existing conditions, or disputes over the severity of the injury. If the insurance carrier denies the claim, the employee has the right to request a hearing before the Workers Compensation Commission. The process begins with a pre-hearing conference, followed by a formal hearing before a single commissioner. Either party can appeal the commissioners decision to the full Appellate Panel of the Workers Compensation Commission, and further appeals can go to the South Carolina Court of Appeals and ultimately the South Carolina Supreme Court. The burden of proof rests on the employee to show by a preponderance of the evidence that the injury is work-related. The commission has broad authority to order medical treatment, award benefits, and impose penalties on employers or carriers that unreasonably delay or deny claims.

Third-party claims offer an important exception to the exclusive remedy rule of workers compensation. If a workers injury was caused by someone other than the employer or a co-worker, such as a negligent subcontractor, a defective piece of equipment manufactured by a third party, or a delivery driver who caused a crash, the employee may file a civil lawsuit against that third party. In South Carolina, the workers compensation carrier has a statutory lien on any third-party recovery, meaning the carrier must be reimbursed for benefits paid out of any settlement or judgment. For example, if a construction worker in Myrtle Beach is injured by a defective scaffolding system, the worker can sue the manufacturer for negligence while also receiving workers compensation benefits. The third-party claim can recover pain and suffering, which is not available through workers compensation, as well as full lost wages and medical expenses. However, the employee must be careful not to settle the third-party claim without the carriers consent, as this could jeopardize the workers compensation benefits. An experienced Myrtle Beach workers compensation lawyer can evaluate whether a third-party claim exists and coordinate the two cases to maximize total recovery.