Workers' Comp Lawyer or Personal Injury Lawyer? Who Handles a Workplace Injury Claim in Greenville and Spartanburg?
The workers’ compensation system generally covers workplace injuries in South Carolina. An injured employee may seek help from a lawyer who handles workers’ compensation claims, including one at a personal injury firm that offers this service.
Workers’ compensation benefits may be available regardless of who caused the injury. If someone other than the employer also contributed to the accident, a separate personal injury claim may be possible.
This article explains who handles workplace injury claims in Greenville and Spartanburg, what to ask before you hire a lawyer, and what to do after a job-related injury.
Who Handles Workplace Injury Claims in Greenville?
Three groups are involved in workplace injury claims in Greenville:
- Your employer or its insurance carrier handles the claim at first.
- The South Carolina Workers’ Compensation Commission, a state agency, oversees the system and resolves disputes.
- A workers’ comp or personal injury lawyer can represent you if your claim is denied, delayed, or undervalued, or if you simply want help understanding the process.
Not every claim needs a lawyer, but it is worth getting legal advice if benefits are denied or stopped, you are asked to return to work before your doctor agrees, the injury is serious or permanent, or you think someone besides your employer may share responsibility.
Do I Need a Workers’ Comp Lawyer or a Personal Injury Lawyer?
The answer largely depends on how you were hurt.
|
If your situation is… |
A lawyer who handles workers’ comp cases |
A personal injury firm that also handles workers’ comp cases |
|
A routine workplace injury with a disputed claim |
May be a good fit |
May also be a good fit |
|
An injury involving a possible third party, such as a negligent driver, a contractor, or defective equipment |
Ask whether the firm can advise on a related personal injury claim |
Ask whether the firm can assess both potential claims |
|
A serious injury with long-term effects |
Ask about experience handling serious injuries and ongoing benefits |
Ask about experience handling serious injuries, ongoing benefits, and any related personal injury claim. |
Whichever lawyer you choose, ask how often the firm handles claims before the Commission, who will work on your case day to day, and how fees are handled.
What Should I Ask Before Hiring a Workplace Injury Lawyer?
Before choosing a lawyer, ask a few questions to understand how the firm handles workplace injury claims and communicates with clients.
- How often do you handle South Carolina workers’ compensation claims? Ask about the firm’s experience with the claims process and proceedings before the Workers’ Compensation Commission.
- Who will manage my case? Find out whether you will communicate directly with the attorney or mainly with other members of the legal team.
- How will I receive updates? Ask how often the firm typically provides updates and whom to contact if you have questions.
- What happens if my claim is denied? Find out what options may be available if the insurer disputes your claim or stops paying benefits.
- Could I have a separate personal injury claim? If a contractor, another driver, or a manufacturer may have contributed to the accident, ask whether the firm can assess a potential third-party claim.
- How are legal fees and expenses handled? Request a clear explanation of the fee arrangement and any expenses you might be responsible for.
These questions can help you compare firms and understand what working with each one might involve. Choose a lawyer who explains the process clearly and gives you a realistic picture of the options available in your circumstances.
Can I Find a Lawyer Who Takes Workers’ Comp Cases on a Contingency Fee?
Some lawyers handle workers’ compensation cases under a contingency fee arrangement, where the attorney’s fee depends on the benefits recovered. South Carolina regulates attorney fees in these cases, and Commission approval is generally required. Ask the firm to explain how its fee is calculated, whether any other expenses apply, and what happens if your case is unsuccessful. Make sure you understand the written agreement before proceeding.
What If I Was Hurt on the Job in Spartanburg?
Workers’ compensation is a statewide system, so you are not limited to a lawyer in your own town. A Greenville firm can represent someone injured at work in Spartanburg or elsewhere in the Upstate. What matters more is whether the firm regularly handles workplace injury claims and is easy to reach.
What Should I Do First After a Job-Related Injury?
- Get medical care and tell the provider the injury happened at work.
- Report the injury to your employer as soon as possible, preferably in writing. South Carolina generally requires notice within 90 days, although specific circumstances can affect how the deadline applies.
- Keep copies of every form, medical record, and message about the injury.
- Keep track of the deadline for filing a workers’ compensation claim. The general limitation period is two years, but exceptions may apply depending on the situation. Seek legal advice if you are unsure which deadline applies to your claim.
- Be careful about signing anything you do not fully understand.
How Does The Clardy Law Firm Handle Workplace Injury Claims?
The Clardy Law Firm is a personal injury law firm based in Greenville, South Carolina, serving clients throughout Greenville and the surrounding Upstate. Led by attorney B. Allen Clardy, Jr., an Upstate native, the firm represents people in car, motorcycle, and truck accidents, as well as those affected by workplace injuries and wrongful death. You can read more about the workers’ compensation lawyers at The Clardy Law Firm or ask for a free, no-obligation case evaluation to discuss your options.
