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Charleston Attorney

WORKERS’ COMPENSATION LAWYER SOUTH CAROLINA - E. Lindsay Blanks PA

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WORKERS’ COMPENSATION LAWYER SOUTH CAROLINA-E. Lindsay Blanks PA

WORKERS’ COMPENSATION LAWYER SOUTH CAROLINA

Our law firm will fight to make sure you get the medical treatment and money you deserve!

 

South Carolina Workers’ Compensation & Personal Injury AttorneyI am experienced South Carolina Workers Compensation & Personal Injury Attorney. If you or a loved one has been hurt on the job or in a car accident injured, we can help. You want and deserve just compensation for your expenses, lost income, pain and suffering, and any other legal amount due you. The last thing you need during a time like this is to work directly with the insurance company claims adjuster who will always try to pay you nothing or the least possible amount.Whether the injuries are the result of a car accident, truck, or motorcycle accident, or came about as the result of a job related accident, you should call us for a free consultation to maximize your claim and get justice for your loss. Lindsay Blanks is a North Charleston Workers Compensation & Personal Injury Lawyer with more than 30 years of litigation experience. He can help you get the compensation you deserve after a serious accident while treating you with compassion, courtesy and respect.

South Carolina Workers Compensation are governed laws by the South Carolina Code of Laws Title 42. These claims are administered by the South Carolina Workers Compensation Commission.

Unlike some of the “warehouse” law firms in Charleston (their signs are on buses and billboards), your case will be handled by an experienced lawyer, not by the temporary summer associate or secretary. We have won many different types of personal injury cases, including car wrecks, truck accidents, and workers’ compensation cases.

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  $1.75   million

verdict for employee

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Do you need a Worker's Compensation attorney?

Read what some of our workers’ compensation clients say about our law firm. Again White lettering dark blue background

EXCELLENT
47 reviews on
Google
Holly Medley
Holly Medley
2022-09-06
Mr. Blanks was awesome and got the job done. I would highly recommend him to everyone. Thank you for helping me!!! It was great working with you guys. Holly
Ervin Blanks
Ervin Blanks
2022-06-13
North Charleston workers compensation and Personal injury lawyer. This is what some of of our clients have said about us: “You are an undiscovered gem. I only wish I had found you sooner.” Jill A. "I got double what I thought I would. he seems like a mild manner man , but he is a tiger when he is defending his clients....."Vivian Stone "Mr. Blanks is a very trustworthy man that treats his clients, the court, and legal opponents with the utmost respect....." Nadine Dubois
Shonte Grimes
Shonte Grimes
2022-06-11
My lawyer
Joshua Smith
Joshua Smith
2022-05-06
The absolute best decision I made. I was hesitant at first to talk with a lawyer but the professionalism was evident from start to finish and I felt very comfortable going thru with it. Very thorough dedicated team with superb communication who always made sure I was up to speed on any changes or updates with my case. I was worried about communication issues and timing. They understood timing was crucial and made sure everything moved as fast as possible, my expectations were exceeded and the outcome I could not be happier with.
Alex A (AlexAngely)
Alex A (AlexAngely)
2022-04-04
My mom got into an accident (not at fault) and insurance tried to get away with silly low payout. They trier to scam her into quick settlement but thankfully my mom refused to talk to them, and went to Mr. Blanks instead! Mr. Blanks took care of everything, my mom's car got properly fixed, she was provided with loaner, compensated for pain, medical treatment and lost wages. Everything went smooth even tho my mom doesn't speak English very well. Thanks Mr. Blanks!
Trey and Stephanie Latta
Trey and Stephanie Latta
2021-11-26
Mr. Blanks is a compassionate lawyer that will fight for you. I highly recommend him to anyone in need of a lawyer.
Ernesto Torres
Ernesto Torres
2021-07-31
The best Lawyer, his excellent staff, friendly and responsible, always available for any questions. my respects and admiration for the staff 🙃 Thank you Attorney Lindsay🙂
Courtney Brannon
Courtney Brannon
2021-06-12
When I hired Mr. Blanks he was nothing less then professional and informative. He would answer all the questions I would have and worked extremely hard on my case. He worked hours getting all the information to have a solid case. I will always use Mr. Blanks for all my legal help and I will always highly recommend him to anyone
Chris Brannon
Chris Brannon
2021-06-11
Mr. Blanks was so easy to work with for my daughters family court case. He is very thorough and makes sure he has all of the information he could possibly need. He is very respectful and listened to what we had to say. I would highly recommend him.

E. Lindsay Blanks PA law firm was established in 1989 and has become one of the most respected legal practices in South Carolina. Our professional staff is dedicated to serving our clients and the citizens of South Carolina. We hope to be part of the Charleston community for many years to come, and we know that what we do now in the present matters for the future. Contact us if you have a legal problem that needs to be resolved.become one of the most respected legal practices in South Carolina. Our professional staff is dedicated to serving our clients and the citizens of South Carolina. We hope to be part of the Charleston community for many years to come, and we know that what we do now in the present matters for the future. Contact us if you have a legal problem that needs to be resolved E.

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Workers compensation law in South Carolina

E. Lindsay Blanks PA law firm was established in 1989 and has become one of the most respected legal practices in South Carolina. Our professional staff is dedicated to serving our clients and the citizens of South Carolina. We hope to be part of the Charleston community for many years to come, and we know that what we do now in the present matters for the future. Contact us if you have a legal problem that needs to be resolved.

How do most workplace injuries happen?

Worker’s

Compensation benefits

  1.  medical treatment
  2. lost wages
  3. compensation for any permanent impairment.

Work injury by job type

  1.  medical treatment
  2. lost wages
  3. compensation for any permanent impairment.
  4.  medical treatment
  5. lost wages
  6. compensation for any permanent impairment.
  7. compensation for any permanent impairment.
  8. lost wages
  9. compensation for any permanent impairment.
  10. compensation for any permanent impairment.

Worker’s Compensation Frequently asked questions

1. What does a South Carolina workers’ compensation attorney charge?

If you have been hurt on the job you may want to get a workers comp attorney to help you. The Workers Compensation laws of South Carolina are complex and have many “traps” for the unwary. What do workers comp attorneys charge?Before hiring a workers comp lawyer you need to know the costs involved. Most South Carolina Workers compensation attorneys handle workers compensation claims on a contingency fees. A contingency fee means that you owe the lawyer nothing if there is no recovery. If there is a recovery, typically the cost is one third or 33% of any recovery. All attorneys fees must be approved by the South Carolina Workers Compensation Commission. Contingency fees mean if there is no recovery there is no fee. Call us at 843-863-1800,  email us at [email protected] or visit our contact us page for a free case evaluation.

2. What should I do if I am hurt at work?

Generally in South Carolina you have the right to file for workers compensation benefits if you are injured or hurt on the job and the injury or illness arises out of and in the course of your employment See South Carolina Code of laws Annotated Section 42-1-160. What should I do if I get hurt on the job?Under South Carolina workers compensation laws you are entitled to three main benefits medical care, weekly workers compensation checks and a workers compensation settlement. Your entitlement to these benefits is determined by the South Carolina Workers Compensation Commission after considering all of the medical and other evidence associated with your injury. Call us at 843-863-1800,  email us at [email protected] or visit our contact us page  if you need help or have other questions.

3. What medical benefits am I entitled to under workers comp?

What you are SUPPOSED to receive is “all medical treatment that would tend to lessen the period of your disability.” Often insurance companies refuse to provide the treatment you need to get better. Insurance companies get to pick the doctor you see but even then they often refuse to follow the treatment suggested by the doctor THEY picked. Your only option is to fight to get the treatment you need and deserve.

4. Can I still get workers compensation if the accident was my fault?

Most workers comp lawyers are asked the question: “Can I get workers Comp benefits even if the accident was my fault?” The answer is YES. Can I get workers' comp benefits even I caused my own injury?Workers Comp is a no fault system where you are entitled to Workers Compensation benefits even if the injury was your fault unless you are intoxicated or get injured intentionally (See South Carolina Code of Laws 42-9-60).  Even if you unintentionally caused your own work injury, you may still be entitled to workers’ compensation benefits in South Carolina. These benefits include medical treatment, lost wages and compensation for any permanent impairment. If you need help or have questions call us at 843-863-1800,  email us at [email protected] or visit our contact us page.

5. Can I see my own doctor?

Under South Carolina law the employer gets to pick the doctor who treats you for your work related injury. workers compensation Do I get to pick my won doctor?Under the South Carolina workers compensation regulations 67-509  if you are hurt on the job and are receiving temporary compensation benefits, “[t]he employer’s representative chooses an authorized health care provider and pays for authorized treatment.” However, section 42-15-60 of the Workers’ Compensation Act allows the Workers Compensation Commission to in case of a controversy arising between employer and employee, the Commission may order further medical, surgical, hospital or other treatment as may in the discretion of the Commission be necessary.

The bottom line is that the workers compensation insurance gets to choose the doctor but  if there is a controversy the Workers Compensation Commission can order different treatment by different doctors.

6. What kind of benefits can I receive from workers compensation?

If you have been hurt at work you are entitled to 3 main types of benefits: These benefits include medical treatment, lost wages and compensation for any permanent impairment.

Workers comp benefits entitled

If you need help or have questions call us at 843-863-1800,  email us at [email protected] or visit our contact us page.

7. Do I need a lawyer to file for a workers’ comp claim?

If you have been hurt on the job, you may be asking yourself whether you need a workers compensation attorney to help with your claim. You are not required to have a lawyer to file a workers comp claim just as you are not required to hire a doctor to perform surgery or a dentist to work on your teeth. Do I need a workers' comp lawyer?You probably do not need a workers compensation attorney if you did not miss any time from work or have minor injury. But if you do not fit within these limited circumstances you should probably at least consult with a South Carolina Workers Compensation attorney. Most lawyers (including myself) will give a free consultation and will tell you whether you need a lawyer to help you. You may think that back injury you have is a “pulled muscle” when what you have is actually a very serious injury such as a herniated disk. I have had clients who were told their MRI scans “did not look that bad” when in fact the MRI showed one (or more than one) herniated disk. Also the insurance company will be actively (or behind your back) fighting your claim outright or trying to reduce the value of your claim. Many insurance companies hire Nurse Case Managers to try to minimize or eliminate your medical treatment.  They will also push the workers comp doctor to return you to work before you are ready. Many of the Nurse Case Managers are well intentioned and will actually help your treatment but, make no mistake, they know they work for the workers comp insurance company. I have had nurse case managers who have actively tried to interfere with my client’s treatment and to prevent them from getting the medical treatment they needed to recover fully and return to work. You should probably get a free consultation with an experienced workers comp lawyer to be sure your rights are protected. If you need help or have questions call us at 843-863-1800,  email us at [email protected] or visit our contact us page.

8. What can a workers compensation lawyer do for me?

The first job of a workers comp lawyer is to help you get the medical treatment you need. The priority should be for you to recover as fully as possible. This means fighting for the the medical treatment you need to get better.  The insurance company’s goal is to close your case as quickly and with as little treatment (and expense for them) as possible. Do you need a workers comp lawyer?This is why they hire Nurse Case Managers to “manage” your treatment. I want you to go back to work as soon as you can but not if you need further time to recover. I don’t want you to reinjure or hurt yourself worse by going back too soon. 

You will sometimes need a second medical opinion to consider other medical options the workers’ comp doctor may not have considered. The Second job of a workers comp attorney is to get you compensation for your lost wages and lost time from work that you are entitled to by law.

The third job of a workmans’ compensation attorney is to get you compensation for your impairment or disability.  If you suffer an impairment to a body part, for example your back, shoulder or leg, you are entitled to a settlement from workers comp. The workers comp lawyer can help you get a fair settlement  and considers all of the injuries from your work accident.

9. Can I go back to my old job?

If you recover enough from your injuries allow you to return to work you should certainly do so. If you cannot return to work you should consider your training, education and experience and look at what alternate jobs are available and what they pay. Many lawyers, depending on the case, will consider hiring a vocational expert to assess your loss of earning capacity. South Carolina Cod Ann 42-9-20 allows you to seek compensation under a loss of earning capacity if more than one body part is effected. Vocational experts are expensive and you should probably hire an expert workers compensation attorney to  help. If you need help or have questions call us at 843-863-1800,  email us at [email protected] or visit our contact us page.

10. Can you be fired while on workers comp?

It is illegal in South Carolina for an employer to fire an employee for filing a workers comp claim. SC Code Annotated 42-1-80. “No employer may discharge or demote any employee because the employee has instituted or caused to be instituted, in good faith, any proceeding under the South Carolina Workers’ Compensation Law, or has testified or is about to testify in any such proceeding.”

The problem will be showing that the firing was in retaliation for filing the job injury claim. The employer will claim that they fired you for other reasons such as missing work, tardiness, failure to follow work rules or company policies. It will be up to a jury to decide whether the excuses the employer gave were valid. If you need help or have questions call us at 843-863-1800,  email us at [email protected] or visit our contact us page.

11. What is workman’s compensation?

Workman’s Comp insurance is a type of insurance which protects employees who have been injured on the job. SC Law Code Ann 42-1-360 requires all employers, with very few exceptions, who have at least four employees to carry workers compensation insurance. The cost of workers compensation insurance coverage is paid entirely by employers. SC Workers Compensation laws are complex and difficult for people to understand. If you need help or have questions call us at 843-863-1800,  email us at [email protected] or visit our contact us page.

12. What happens when you get a workman’s comp lawyer?

The workers compensation lawyer will contact the insurance company and tell them not to contact you directly. In some cases the lawyer will allow the Nurse Case manager to contact the client directly to coordinate medical treatment. As a workers compensation lawyer who has handled workers’ compensation cases for over 30 years I can say that if you do not get a lawyer to help you with your claim you are likely to short change  yourself. Workers’ compensation law is complicated and the laws in South Carolina  tend to favor the employer. In South Carolina  there are strict procedural rules and many required forms to be filled out.

For example just how and when you give your employer notice of the injury can be difficult, and if you make a mistake you can lose your claim. Even if the workers’ compensation commissioner is sympathetic and wants to help you he or she may by limited by the law. If you have a serious injury that will take you off work for a significant amount of time or will cause a permanent disability, get a workers’ comp lawyer. If you need help or have questions call us at 843-863-1800,  email us at [email protected] or visit our contact us page.

13. How much does workers comp pay in South Carolina?

Determining how much you should be paid for workers comp in SC is a two part process. First you determine what the Average weekly Wage is: Under SC law 42-1-40 “Average weekly wages” means the earnings of the injured employee in the employment in which he was working at the time of the injury during the period of fifty-two weeks immediately preceding the date of the injury…”

There are some situations where this will not apply such as when the injury happens and the worker has been employed less than 52 weeks before the injury. In that situation the commission can do what is “fair and just.” The South Carolina Workers Comnpensation Commission can also consider the wages earned by a  “person of the same grade and character employed in the same class of employment in the same locality or community.” To make it even more complicated South Carolina Courts have interpreted the statute as requiring that the SC Workers Compensation Commission determine the person’s probably future earning capacity. See Sellers vs. Pinedale “The objective of wage calculation is to arrive at a fair approximation of the claimant’s probable future earning capacity. His disability reaches into the future, not the past; his loss as a result of injury must be thought of in terms of its impact on probable future earnings.”

Part two of determining how much you should be paid is the compensation rate. Under South Carolina law the compensation rate is your average weekly wage multiplied by .6667.  Accurately determining your average weekly wage and compensation rate is a CRITICAL part or your workers compensation claim. You need an experienced lawyer to help. Call us at 843-863-1800,  email us at [email protected] or visit our contact us page.

When for exceptional reasons the foregoing would be unfair, either to the employer or employee, such other method of computing average weekly wages may be resorted to as will most nearly approximate the amount which the injured employee would be earning were it not for the injury. Whenever allowances of any character made to an employee in lieu of wages are a specified part of a wage contract they are deemed a part of his earnings.

14. When do I get paid for workers comp?

Usually workers compensation checks are paid on a weekly basis.

15. Do you claim workers comp on your taxes?

Generally workers compensation payments are not taxable in South Carolina. Under IRS code 26 U.S.C. 104 workers compensation claims are not taxable.

16. What Does MMI or Maximum medical Improvement mean?

One question that workers compensation attorneys get asked constantly is:What Does MMI or Maximum medical Improvement mean? This term has a special legal meaning under South Carolina Workers Compensation laws. South Carolina courts have stated in “Maximum medical improvement is a term used to indicate that a person has reached such a plateau that in the physician’s opinion there is no further medical care or treatment which will lessen the degree of impairment.” It does NOT mean that your disability has ended. “Thus, the fact that a claimant may have some degree of permanent impairment does not prevent the claimant from ever reaching maximum medical improvement.” Smith v. S.C. Dept. of Mental Health, 329 S.C. 485, 495 (S.C. Ct. App. 1997). It means that there is nothing more doctors can do for you to help you decrease your impairment.

17. What happens if I don’t agree with the workers’ comp doctor?

It is risky for you to refuse to follow the recommendations of the workers’ comp doctor. South Carolina Law  Code Sec 42-1-60 states . . . . [T]he employer may, at his own option, continue to furnish or cause to be furnished, free of charge to the employee, and the employee shall accept an attending physician, unless otherwise ordered by the Commission. . . . The refusal of an employee to accept any medical, hospital, surgical or other treatment when provided by the employer or ordered by the Commission shall bar such employee from further compensation until such refusal ceases and no compensation shall at any time be paid for the period of suspension unless in the opinion of the Commission the circumstances justified the refusal, in which case the Commission may order a change in the medical or hospital service.” In other words, if you refuse treatment the Workers Comp insurance company can stop your benefits until you agree or until the SC Workers Compensation Commission says you were justified in refusing treatment. What constitutes “justification” for refusing treatment is determined on a case by case basis. If you don’t agree with the workers comp doctor you should consult a skilled workers comp lawyer. If you need help or have questions call us at 843-863-1800,  email us at [email protected] or visit our contact us page.

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We are located in North Charleston next to Trident Hospital, across from Charleston Southern University at:
9217 University Blvd Ste 2a,
North Charleston, SC 29406

843-863-1800

Office Hours

Monday 9:00 AM – 5:00 PM
Tuesday 9:00 AM – 5:00 PM
Wednesday 9:00 AM – 5:00 PM
Thursday 9:00 AM – 5:00 PM
Friday 9:00 AM – 12:00 PM

Our personal injury lawyers assist clients across South Carolina, including Georgetown, Kingstree, Florence, Richland County, Orangeburg, Columbia, North Charleston, Mount Pleasant and Summerville.

Meet with a South Carolina Workers’ Compensation attorney for FREE

Change language to say Do you have a case ? Have a question about a Workers Compensation  claim you have? Ask a lawyer Contact us on line or call us at 843-863-1800. We are available 24/7 to help you.

Questions About a Legal Issue?Ask a Lawyer

$1,750,000 Settlement (Verdict for $1,250,000)

We represented an employee in a jury trial in Charleston County, South Carolina who was defamed and wrongfully jailed. A Charleston County jury awarded her $1,250,000  This case was tried to a verdict and appealed to the South Carolina Court of Appeals and the South Carolina Supreme Court. We were opposed by several of the largest insurance law firms in the state. Despite the odds we prevailed at all levels.

$150,000 Settlement

Car Accident Rear End Collision

A young Charleston woman was rear ended by a pickup truck while sitting at a stop light. She had a serious back injury and largely recovered but still had some residual problems.  We ultimately settled this case for fair value.

$600,000 Settlement

Fraud by local business

We represented elderly clients who invested their savings with a local company and were defrauded. We ultimately recovered almost all of their money for them.

$350,000 Settlement

Employee Falsely accused of Stealing

We represented a long time (30 + year) employee of a local restaurant who was falsely accused of stealing by the employer. We were able to get justice for this fine man.

$225,000
Workmans Compensation Settlement Back Injury

Workmans Compensation back injury

We represented a nice lady who injured her back while on the job. We were ultimately ale to secure a Workmans’ Compensation settlement in the amount of $225,000 due to her back injury.

$305,000
Workers’ Compensation Settlement

Workers Comp back injury

We represented a man who injured his back while on the job and we were ultimately able to settle his workers comp claim for $305,000.00.

$300,000 truck accident case Tractor Trailer Settlement

WOMAN INJURED BY TRACTOR TRAILER TRUCK

We obtained a large settlement of $300,00 for a woman who was injured by in collision with a big rig.

$195,000 Settlement Workers Comp back injury

We obtained a large settlement in a job injury case. A woman, who was a nurse injured her back on the job. We were proud to have obtained an excellent result for this nice lady.

$375,000 Settlement Employee

We obtained a large settlement of $375,000 in our representation of an employee in an employment case. Our client was a military veteran who was harmed by his employer. We were proud to have obtained an excellent result for this nice man.

$90,000 Settlement

Car Accident Rear End Collision

A young Charleston woman was rear ended by a pickup truck while sitting at a stop light. She had a serious back injury and largely recovered but still had some residual problems. We ultimately settled this case for fair value.

$173,000 Settlement Job Injury back injury

We obtained a large settlement in a workers compensation case where a grocery store employee injured his back. We were honored to have been able to help this nice man.

$290,000 Settlement Slip and Fall injury

We obtained a large settlement in a slip and fall case for a lady who suffered permanent injury when she fell at a local restaurant. We were thrilled to have obtained an excellent result for this nice lady.

$138,500 Workers’ Compensation Settlement Back Injury

Workers’ Compensation back injury

We represented a nice lady who injured her back while on the job. We fought for and obtained a large Workers’ Compensation settlement in the amount of $138,500 due to her back injury.

$140,000 Workers’ Compensation Settlement Back and Shoulder Injury

Workers’ Compensation back injury

We represented a mechanic who injured his back and shoulder while on the job. We obtained a substantial Workers’ Compensation settlement in the amount of $140,000 due to his back and shoulder injury.

$100,000 workers’ compensation settlement knee injury

We represented a waitress/server who injured her knee on the job working for a local restaurant. We were proud to obtain a good settlement for her.

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North Charleston Workers Compensation and Personal Injury Lawyer

E. Lindsay Blanks PA law firm was established in 1989 and has become one of the most respected legal practices in South Carolina. Our professional staff is dedicated to serving our clients and the citizens of South Carolina. We hope to be part of the Charleston community for many years to come, and we know that what we do now in the present matters for the future. Contact us if you have a legal problem that needs to be resolved.

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