Why Do You Need an Attorney Following Your On-the-Job Injury?
Every person who is injured on the job will eventually be faced with a decision of whether he or she should hire an attorney to assist in the workers' compensation case. There are several reasons a worker should consult with a Lexington workers' compensation lawyer, including:
- If you have suffered a serious on-the-job injury, the injury might have long-term effects on your ability to earn income or the same income in the future. Your attorney can help maximize your award. This can include making sure that all of your injuries are properly documented and covered by the workers' compensation carrier. Often, a workers' compensation carrier will admit that you have suffered an injury to one part of your body but deny other legitimate injuries. If your authorized medical professional does not give you a fair impairment rating, an attorney can assist in getting a second opinion paid for by the workers' compensation carrier or send you to a doctor of your choosing who can give a second opinion as to impairment, injuries and restrictions you may have. We can also send you to a professional known as a vocational expert who can give an opinion about your ability to maintain gainful employment and your ability to earn the same income you did prior to your on the job injury.
- If you have suffered an on-the-job injury and the employer or workers' compensation carrier has wrongly denied that you have been injured on the job, we can help fight to get you the benefits you deserve.
- Often, workers' compensation carriers will wrongly deny medical treatment which has been recommended by the medical professional that they pick. We can help you fight to get the medical treatment which has been recommended by your authorized medical professional.
- If the workers' compensation carrier is denying certain injuries that you suffered in your work accident, we can fight to get those injuries covered.
- If you have questions about your compensation rate, we can help you determine whether the compensation rate is correct under the circumstances. Your compensation rate can be very important as it is a significant factor in determining your final award.
- In certain cases a claimant may require future medical treatment for his or her lifetime or for a significant period of time. Should you require such medical care, we can help fight to get such medical treatment included in any award or settlement you receive.
- In certain situations, your injury will not only have a physical component, but also a psychological component. We can ensure that you receive the proper diagnosis from experts in the field.
What Are You Entitled to Following Your On-the-Job Injury?
If you have been injured on the job, it is important that you know what your rights are. You should know that your employer or its workers' compensation carrier is responsible for providing you with the medical treatment necessary following your on-the-job injury. Normally this will be handled and coordinated by the workers' compensation insurance carrier for your employer. You will be sent to a medical provider who has been selected by your employer or its workers' compensation carrier. You are entitled to mileage reimbursement for travel to and from a place of medical attention which is more than five miles from your home. Should you be taken out of work due to your on-the-job injury, you are entitled to 2/3 of your average weekly wage, which is determined based on the pay that you received during the four quarters of employment prior to your injury date. Should the medical professional determine that you have a permanent injury, following all necessary medical treatment, you are entitled to an award. The award is based on your disability. This award can vary greatly depending on your compensation rate, the part or parts of your body that have been injured and any impairment rating which is determined by the medical professional. Other factors which may affect your award may include your work history, your educational background and the type of work you were performing at the time of your workers' compensation injury. Whether or not you are able to earn the same income following your injury can also be significant. In some cases the commission can determine that an injured worker is unable to return to work in any capacity following an accident.
What to Do If You Are Injured On-the-Job
If you have sustained an injury on the job, it is important that you report the injury to a supervisor as soon as possible. Your employer may have procedures in place which you should follow when reporting your injury. It is also important that you inform your employer of all the problems you are having following your on the job injury. For example, a back injury might cause pain and numbness which may radiate down a leg or an arm. You should inform your employer of these problems. Often an employer will prepare a written report after you report an injury. You should review this document, if given the opportunity, to ensure that it is accurate.
If your report of the injury is ignored, then you should report it to another supervisor. If your injury is still ignored, this may be a good time to consult with an attorney. You can also contact the South Carolina Workers' Compensation Commission directly. If your injury is properly handled and the carrier agrees to send you for treatment, it is important that you inform the doctor of all of the problems you are having following your workers' compensation injury. This should include all parts of your body that you feel have been affected by your injury. This can often be radiating pain. If you are having headaches due to pain, you should report this. Also, if your injury is affecting your sleeping, this should be reported to the medical professional. If the pain following your on-the-job injury is affecting you psychologically, this should be reported to the medical professionals who are treating you following your workers' compensation injury.
Repetitive Trauma Cases
In some workers' compensation cases there may not be an obvious date of injury. If you have worked in the same job for an extended period of time and are suffering from medical problems such as carpal tunnel syndrome due to your job activities, or back, shoulder or hip pain due to the repetitive nature of your employment, you may have a compensable workers' compensation case. You should call our office for a free initial consultation if you suspect that you have medical problems which are associated with or caused by your work activities.
Contact a South Carolina Job Injury Lawyer
If you have questions regarding workers' compensation, schedule a free consultation at J. Bradley Baker, LLC. Contact us for an appointment by calling
