Workplace Injury Attorney Hanahan, SC

Quick Answer: Most Hanahan employers with four or more regular employees must carry workers’ compensation insurance, which pays authorized medical care and two-thirds of your average weekly wage while you cannot work, up to $1,189.94 per week for 2026 injuries. If a required employer has no insurance, the South Carolina Uninsured Employers’ Fund may pay benefits in some cases. Report the injury within 90 days and generally file with the Commission within two years.

On this page:

• Which employers must carry workers’ compensation?
• What if your employer has no insurance?
• What about very small businesses?
• What injuries do tradespeople face?
• Are mental injuries covered?
• What if you work for the city or a school?
• Can you choose your own doctor?
• What if you are offered light duty?
• What benefits are available?
• How do settlements work?
• What deadlines apply?

Which Hanahan Employers Must Carry Workers’ Compensation?

Under South Carolina law, employers that regularly have four or more employees, full-time or part-time, generally must carry workers’ compensation insurance. S.C. Code Section 42-1-360 lists several exceptions, including employers with an annual payroll under $3,000, agricultural employers, casual employment, certain owner-operator drivers and some commission-paid real estate agents. Part-time employment is not the same as casual employment, so part-time workers are generally covered.

What If Your Hanahan Employer Has No Insurance?

If an employer that was required to carry coverage did not, the injured worker is not without options. The South Carolina Uninsured Employers’ Fund, created under S.C. Code Section 42-7-200, may pay benefits in certain cases when a covered employer fails to insure, and the employer can face penalties. In addition, on construction projects, a general contractor above an uninsured subcontractor may be responsible as a statutory employer under S.C. Code Section 42-1-400. These claims involve extra steps, so it helps to have a lawyer involved early.

What About Very Small Businesses?

If your employer truly has fewer than four regular employees, it may not be required to carry workers’ compensation. In that situation, an injured worker may have other options, such as a negligence claim against the employer or a claim against a third party who caused the injury. Because employers sometimes undercount employees, including part-time workers and family members, we look carefully at who actually worked there.

What Injuries Do Hanahan Tradespeople Face?

Electricians, plumbers, HVAC technicians, roofers and remodelers face falls from ladders and roofs, electrical shocks, cuts, eye injuries and back injuries from lifting and working in tight spaces. Lowcountry heat adds the risk of heat illness for those working in attics and on rooftops. These injuries are generally covered regardless of fault, and if another contractor on the job caused the injury, a separate claim may also be available.

Are Mental Injuries Covered by Workers’ Compensation?

Sometimes. A mental injury that results from a physical work injury, such as depression following a serious accident, can be covered as part of that injury. A mental injury caused by work-related stress alone is covered only in limited circumstances; under S.C. Code Section 42-1-160, the stress generally must result from unusual or extraordinary employment conditions. These claims require careful medical documentation.

What If You Work for the City or a School?

City of Hanahan employees, school district staff and other public employees are generally covered by workers’ compensation. The process is largely the same, although public employers may be insured through state or pooled programs. Police officers, firefighters and other first responders face special risks and, in some situations, special rules, so they should report injuries and exposures promptly.

Can You Choose Your Own Doctor?

Generally, no. Under S.C. Code Section 42-15-60, the employer or insurer usually directs medical care, and unauthorized treatment may not be paid. The Commission can order a change of physician in appropriate cases, and in an emergency, you should get care first and report it promptly.

What If You Are Offered Light Duty?

If your authorized doctor releases you to restricted work and your employer offers suitable work within those restrictions, refusing it can affect your benefits. If the light-duty job pays less, you may receive temporary partial disability benefits for part of the difference.

What Benefits Does Workers’ Compensation Pay?

How Do Workers’ Compensation Settlements Work?

Most cases end with an agreement approved by the Commission. Some settlements close the entire claim, including future medical care, for a lump sum; others resolve disability benefits while leaving some medical care open. The right choice depends on your future medical needs, your ability to work and whether you receive or expect Medicare.

What Deadlines Apply to a Hanahan Work Injury Claim?

Notify your employer within 90 days under S.C. Code Section 42-15-20, and generally file with the Workers’ Compensation Commission within two years under Section 42-15-40. South Carolina law also prohibits firing or demoting an employee for filing a claim, under S.C. Code Section 41-1-80, and a retaliation claim generally must be brought within one year.

Are You Covered While Traveling for Work?

Injuries during your ordinary commute between home and a fixed workplace generally are not covered. However, injuries while traveling between job sites, making deliveries, driving a company vehicle, or running errands for your employer generally are. Many Hanahan tradespeople and service workers spend much of the day on the road, so crashes on Remount Road, Rivers Avenue or I-26 during the workday are often covered. If another driver caused the crash, you may also have a claim against that driver for your full losses, including pain and suffering, which our Hanahan car accident lawyers can pursue alongside the workers’ compensation claim.

What Should You Do Right After a Work Injury?

Report the injury to your supervisor in writing as soon as possible and keep a copy. Ask how to get authorized medical treatment, and make sure every provider records that the injury happened at work. Write down the names of witnesses, photograph the area or equipment involved if it is safe, and keep your pay stubs, schedules and any letters from the insurer. If your employer seems reluctant to report the claim or tells you it does not have insurance, contact a lawyer promptly, since those situations require quick action to protect your rights.

Can You Sue Someone Other Than Your Employer?

Yes, if an outside party caused the injury, such as another contractor, a property owner, a negligent driver or the maker of defective equipment. That claim can include pain and suffering and full lost wages. The workers’ compensation carrier generally has a lien on the recovery under S.C. Code Section 42-1-560, so the claims must be coordinated.

Related pages: Our main North Charleston workplace injury lawyer and Charleston workplace injury lawyer pages explain this practice area in more depth. Clients in Hanahan also turn to our Hanahan personal injury lawyer, Hanahan car accident lawyer, Hanahan medical malpractice lawyer, Hanahan wrongful death lawyer and Hanahan criminal defense lawyer pages, and we handle the same kinds of cases for clients who need a workplace injury lawyer in Goose Creek or a workplace injury lawyer in Ladson.

If you were hurt on the job in Hanahan, SC, our Hanahan workplace injury lawyers at Clekis Law Firm can explain your options. Call 843-900-0000 or contact us to schedule a consultation. Our North Charleston office at 2850 Ashley Phosphate Road is open 24 hours a day, seven days a week, and we also meet clients by appointment at our Charleston office on Church Street.

Attorney responsible for this page: Nicholas J. Clekis, Clekis Law Firm, 2850 Ashley Phosphate Road, North Charleston, SC 29418.