Workers’ Compensation

Workers’ compensation is an employer-provided benefit that exists to aid an employee or his dependents in the event that the employee is injured or killed on the job. Workers’ compensation is governed by each state’s laws, but the general consensus is that eligibility for such benefits turns on whether the employee suffered an accidental injury that arose out of and in the course of his employment or an occupational disease.


Workers’ compensation benefits fall into three main categories: disability benefits, medical benefits, and death benefits.

  • Disability Benefits: Compensation to the injured employee is based on his “disability” and the concomitant effect on his earning power; it does not emanate from actual need. Rather, the employee is entitled to benefits based on his lack of earning capacity and the amount needed for his support as designated in the particular state’s Workers’ Compensation Act. Generally, cash benefits represent a percentage of the employee’s wages at the time of the injury — oftentimes, between a half and two-thirds — with a weekly maximum benefit mandated. The amount of benefits recoverable correlates to whether the employee is temporarily or permanently disabled.
  • Medical Benefits: Workers’ compensation extends to benefits for the employee’s medical care. An employee’s medical expenses related to his injury are covered and such benefit is usually unlimited given that it aids the employee’s recovery.
  • Death Benefits: The dependents of an employee, who is fatally injured on the job, are entitled to death benefits. Such benefits generally compensate for the costs associated with the employee’s burial. Additionally, benefits are paid to the employee’s surviving spouse and children based on their status. A surviving spouse is entitled to benefits until re-marriage in many jurisdictions; other jurisdictions pay a fixed amount upon the spouse’s re-marriage. As for children, benefits are paid until age 18. This time-frame is extended indefinitely if the child is disabled.

Right to Sue

To obtain workers’ compensation, an employee does not have to prove the fault of his employer in causing or contributing to his injury. In exchange, an employee and his dependents are generally precluded from bringing a common law action for damages against the employer for an injury that is covered by the applicable Workers’ Compensation Act. However, the right to sue others whose negligence caused or contributed to the employee’s injury still stands.

Workers’ Compensation

At Berry & Carr we know that if you or a family member is injured on the job the stress and uncertainty can affect every aspect of your life. Your employer and its workers’ compensation insurer are responsible for providing you with appropriate medical care and compensation for lost wages, but unfortunately, many employers and their insurance carriers resist paying claims.

Injured workers need a strong, experienced advocate to protect your rights and help you navigate an often confusing system. Our workers’ compensation attorneys are experienced advocates for South Carolina workers in all workers’ compensation claims, including those arising from:

On-the-Job AccidentsConstruction Site Injuries
Industrial InjuriesFalls
Occupational DiseaseClosed Head Injuries
Repetitive Stress InjuriesCar Accidents
Back StrainTrucking Accidents
Carpal Tunnel SyndromeMaritime Injuries
Cumulative TraumaLongshore and Harbor Workers’ Act Claims
Toxic ExposureWrongful Death

Injured Workers Need Full Compensation

Our attorneys will help you get the benefits you deserve, including proper medical attention, referrals to medical specialists, and compensation for lost wages due to a work-related disability. We understand the workers compensation system and will make sure your claims are filed promptly and thoroughly, make sure calculations of damages are accurate, and handle all the necessary paperwork so that you can concentrate on healing from your injury.

While we have had good success negotiating full and fair settlements of workers’ compensation claims, we also have extensive experience representing clients before the South Carolina Workers’ Compensation Commission and in appeals of adverse decisions.

Please fill out the form below to discuss workers’ compensation.


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