Workers’ Compensation Lawyers

In Georgia, you must report your workplace injury to your employer within 30 days of the accident (O.C.G.A. § 34-9-80). You then have one year from the date of injury to file a formal claim with the State Board of Workers' Compensation (O.C.G.A. § 34-9-82). For occupational diseases, the one-year period begins when you knew or should have known the condition was work-related. Failing to meet these deadlines can result in losing your right to benefits.

In South Carolina, you must notify your employer of the injury within 90 days (S.C. Code § 42-15-20). A formal claim must be filed with the Workers' Compensation Commission within two years of the accident (S.C. Code § 42-15-40). For occupational diseases, the two-year period begins from the date of disability or the date you were informed of the condition by a physician.

Workers' compensation typically provides: (1) payment of all reasonable and necessary medical treatment related to your injury; (2) temporary total disability (TTD) benefits — typically two-thirds of your average weekly wage — while you cannot work; (3) temporary partial disability (TPD) benefits if you can work but earn less; (4) permanent partial disability (PPD) benefits for lasting impairment; and (5) permanent total disability benefits if you can never return to any gainful employment.

In Georgia, your employer or their insurer provides a panel of at least six physicians, and you must choose from that panel for your initial treatment (O.C.G.A. § 34-9-201). You may request one change of physician from the panel. In South Carolina, the employer has the right to select the treating physician, though you can petition the Commission for a change if you have valid reasons. Our attorneys can help you navigate the medical treatment process in either state.

Claim denials are common but not final. In Georgia, you can request a hearing before an Administrative Law Judge at the State Board of Workers' Compensation. In South Carolina, you can request a hearing before a Workers' Compensation Commissioner. Our attorneys handle the entire appeals process, gathering medical evidence, deposing physicians, and presenting your case to ensure you receive the benefits you deserve.

Generally, workers' compensation provides the exclusive remedy against your employer — meaning you cannot file a separate personal injury lawsuit against them. However, you may have a third-party claim against another party whose negligence contributed to your injury, such as a subcontractor, equipment manufacturer, or property owner. These third-party claims can provide additional compensation beyond workers' comp benefits.

In Georgia, employers with three or more employees are required to carry workers' compensation insurance (O.C.G.A. § 34-9-2). In South Carolina, the threshold is four or more employees (S.C. Code § 42-1-360). If your employer illegally failed to carry coverage, you may file a civil lawsuit against them directly, which removes the protections the exclusive remedy doctrine would otherwise provide to the employer.

At Roden Law, we handle workers' compensation cases on a contingency fee basis — you pay nothing upfront. In Georgia, attorney fees in workers' comp cases are subject to approval by the State Board of Workers' Compensation and are typically capped at 25% of the recovery. In South Carolina, fees must be approved by the Workers' Compensation Commission. We provide free consultations to evaluate your case.

Yes. Workers' compensation is a no-fault system, meaning you are generally entitled to benefits regardless of who caused the accident. There are limited exceptions — benefits may be denied if the injury was caused by your willful misconduct, intoxication, or intentional self-harm. However, ordinary negligence or carelessness on your part does not disqualify you from receiving benefits.

A workers' compensation settlement is an agreement to resolve your claim for a lump-sum payment or structured payments in exchange for closing the case. In Georgia, these are called "stipulated settlements" and must be approved by the Board. In South Carolina, they are called "clincher agreements." You should never accept a settlement without consulting an attorney, as you may be giving up your right to future medical treatment and benefits that could far exceed the settlement amount.