If you suffered a serious burn injury at work in South Carolina, you are likely entitled to workers’ compensation benefits, including medical treatment, and wage-loss payments. The system is no-fault, so you do not have to prove your employer did anything wrong. In most cases, you must report the injury to your employer within 90 days and file a claim with the state within two years.
A serious burn can change your life in seconds. You may be facing painful treatment, weeks or months away from work, and real worry about how the bills will be paid. The experienced Columbia workers’ compensation attorneys at Williams & Roche, Workers’ Compensation & Injury Attorneys, have been on all sides of the workers’ compensation system, and they put that inside knowledge to work for injured workers throughout South Carolina. A consultation can help you understand where you stand.
This guide covers:
– How serious burns happen on the job
– Why serious burns are so difficult to treat
– What workers’ compensation benefits you can receive
– How long you have to report a burn injury
– What to do if your claim is denied or delayed
How do Serious Burns Happen on the Job in South Carolina?
Most serious workplace burns come from five sources: chemical exposure, electrical contact, hot surfaces and liquids, fires and explosions, and steam. Any one of them can cause deep tissue damage in an instant.
Some jobs carry far more risk than others. Construction, manufacturing, warehouse, healthcare, transportation, agricultural, and maintenance workers regularly face burn hazards, whether from live wires, industrial machinery, scalding liquids, or flammable materials. If your workplace puts you near any of these dangers, a resulting burn may be covered, no matter how the accident happened.
Why are Serious Burns so Difficult to Treat?
Serious burns are difficult to treat because they damage far more than the surface of the skin. Doctors grade burns by degree. First-degree burns affect the outer layer, second-degree burns reach deeper, and third- and fourth-degree burns can destroy skin, nerves, muscle, and even bone.
Deep burns often require surgery, skin grafts, and long stretches of rehabilitation. Infection is a constant danger, and many workers need weeks or months away from the job to recover. That lost time, stacked on top of mounting medical bills, is exactly what workers’ compensation exists to cover.
What Workers’ Compensation Benefits Can You Receive for a Burn at Work?
South Carolina workers’ compensation provides two main types of benefits for a serious burn: medical treatment and disability payments for lost wages or permanent impairment (including disfigurement). Because the program is no-fault, some workers do not realize they can recover even when the employer is not at fault.
Medical benefits cover the care you need, from emergency room treatment to surgery and follow-up. Wage-loss payments are generally based on about two-thirds of your average weekly wage while you are unable to work. Under S.C. Code Ann. § 42-1-360, most South Carolina employers with four or more regular employees fall within the workers’ compensation system.
How Long Do You Have to Report a Burn Injury at Work in South Carolina?
Report a burn injury to your employer as soon as possible, and in most cases, no later than 90 days after the accident. Under S.C. Code Ann. § 42-15-20, no compensation is payable unless notice is given within ninety days after the accident, absent a reasonable excuse accepted by the commission.
You also face a separate deadline to file a formal claim. Under S.C. Code Ann. § 42-15-40, the right to compensation is barred unless a claim is filed with the commission generally within two years after the accident. Reporting early protects both your health and your claim because evidence and witness memories fade quickly. Do not wait to protect your rights. Contact Williams & Roche to schedule a consultation about your burn.
What Should You Do if Your Burned-At-Work Claim Is Denied or Delayed?
If your burned-at-work claim is denied or your benefits are delayed, do not give up, because you have the right to challenge that decision before the South Carolina Workers’ Compensation Commission. Insurance companies often dispute how serious a burn is or argue that the injury did not happen on the job.
This is where experience matters. The attorneys at Williams & Roche have worked on the insurance company’s side and within the Commission itself, so they know the tactics used against injured workers and how to counter them. With over 50 years of combined legal experience, Derrick Williams and Andrea Roche build serious cases for serious injuries.
In some situations, a workplace burn also involves someone other than your employer, such as the maker of defective equipment or a negligent contractor on the site. Our attorneys can help you understand whether your situation may give rise to additional claims beyond workers’ compensation.
Frequently Asked Questions About Burn Injuries at Work
Can I receive workers’ compensation if the burn was partly my fault?
Yes. South Carolina workers’ compensation is a no-fault system, so an employer does not have to be at fault for you to recover. You simply need to show that the burn happened in the course of your job.
What if my employer says they do not carry insurance?
Most South Carolina employers with four or more employees are required to carry workers’ compensation coverage. If your employer failed to carry required insurance, you may still have options, and it is worth speaking with an attorney right away.
How much does it cost to hire a workers’ compensation lawyer?
Williams & Roche offers a consultation to review your burn injury claim. In South Carolina, attorney fees in workers’ compensation cases must be approved by the commission under S.C. Code Ann. § 42-15-90. Contact the firm to discuss how representation works before you deal with the insurance company on your own.
Were you burned on the job in South Carolina? With over 50 years of combined experience, Williams & Roche, Workers’ Compensation & Injury Attorneys can help. Call 803.784.0503 to schedule a consultation. The firm represents injured workers throughout South Carolina from its Columbia office at 2442 Devine Street.
