Worker injuries are becoming commonplace, with over 2.6 million workplace injuries and illnesses occurring each year. Typically, workers’ compensation applies if you were injured in the scope of your employment or suffered an occupational illness. Regardless of fault, you are entitled to benefits that will apply to lost wages, medical expenses, and permanent disability. However, being intoxicated during the time of your injury can impact your ability to receive benefits, potentially barring you from compensation.
At Fulton & Barr Attorneys at Law, our legal team understands the devastation that a workplace injury or illness can have on you and your family. If you were injured on the job, it is important that you speak with our Greenville workers’ compensation lawyers. We are prepared to advocate for your rights, even pursuing the appeals process if necessary to claim the benefits that are rightfully yours.
Workers’ Comp Benefits in Greenville, SC
Workers’ compensation is employer-provided insurance that provides employees with wage and medical benefits. Wage replacement benefits are typically 66 2/3% of an injured worker’s average weekly wage, with a statutory maximum of $1,134.43 for all claims on or after January 1st, 2025. Employees who can continue working but must perform lighter job duties, known as temporary partial disability (TPD), will receive 66 2/3% of the difference between their pre-injury and post-injury average weekly wages.
All reasonable and medical expenses will be covered, which may include:
- Ambulatory services
- Hospitalizations
- Emergency room care
- Surgeries and treatments
- Medical supplies
- Rehabilitation
Alternatively, if you lost a loved one to a workplace injury or illness, you must file a death benefit claim within two years to receive benefits under South Carolina workers’ compensation. These benefits may include 66 2/3% of the deceased worker’s average weekly wage for 500 weeks, reimbursement for all medical expenses, and $12,000 in funeral and burial costs. However, you must file a death claim within two years of the worker’s death to remain eligible for benefits.
How Intoxication Can Impact a Greenville Workers’ Compensation Claim
Under SC Code §42-9-60, a worker who was injured or killed on the job due to intoxication will be barred from recovery under workers’ compensation. Given these strict limitations, if there is evidence that you were drunk in the course of your employment, the burden is on you to prove your sobriety.
If your employer can verify your intoxication at the time of the accident or injury, then your claim may be denied. Testimony from your supervisor that you were slurring your speech, swaying while walking, or had a marked reduction in motor skills is all constructive evidence of a person’s inebriation. While these signs are not definitive, like a blood alcohol test, they can point to an employee’s impairment.
The process of filing a claim becomes more complex when a person’s alcohol use is called into question, making it more important than ever that you speak with a Greenville workers’ compensation lawyer. At Fulton & Barr, Attorneys at Law, our workers’ compensation team will speak with eyewitnesses and gather the necessary information to show that you were sober at the time of your work injury. When the evidence is against you, it is crucial that you retain representation to defend your interests.
Interested in Learning More? Contact Our Greenville Workers’ Compensation Lawyers Today
If you are facing allegations of being inebriated during the time of a workplace injury, our Greenville workers’ compensation attorneys are ready to help. With over 40 years of experience fighting for workers, the lawyers at Fulton & Barr Attorneys at Law know the ins and outs of workers’ compensation laws and how to advocate for your rights. To learn more or to schedule a free case review, contact us online or give us a call at (864) 778-3092 today.