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Need a Workers’ Comp Lawyer that Serves Bennettsville, SC?
regardless of who was at fault.
After a work injury, your employer may be required to provide benefits through their insurance carrier – including wage replacement, payment of your medical expenses, and permanent benefits to compensate for injuries that result in total or partial permanent disability.
Unfortunately, insurance companies are not in business to help injured workers – they are in business to make profits, and they maximize their profits by denying or limiting valid workers’ compensation claims whenever possible.
The Bennettsville, SC area worker’s compensation law firm of J. Bradley Baker has the experience and knowledge of SC workers’ compensation law that you need to recover the full benefits that you are entitled to receive after your on-the-job injury.
At every stage of the proceedings, from filing your initial claim to arguing any necessary appeals, your workers’ compensation attorney will be there to protect your rights, keep the insurance companies honest, and force them to pay your full benefits whether you are seeking immediate temporary benefits after an accident or permanent benefits based on a long-term disability.
Bennettsville, SC, Workers’ Compensation Attorney J. Bradley Baker is committed to getting maximum compensation for clients.
Whether you are preparing to file your workers’ compensation claim or you need to challenge the denial of your valid workers’ comp claim, Bennettsville, SC, workers’ compensation lawyer J. Bradley Baker will be there at your side.
When you retain our office, we will:
- Meet with you to learn about your case and answer your questions,
- Investigate your on-the-job accident to gather the evidence you will need to prove your claim,
- Ensure that your medical evidence is in order,
- File your claim and request a formal hearing before the Workers’ Compensation Commission if the insurance company refuses to pay,
- Negotiate with the insurer to get your temporary benefits approved,
- Present your medical evidence and argue your case to a workers’ compensation commissioner,
- Appeal any unfair denials to the Full Commission or the Court of Appeals as needed, and
- Ensure that you receive the maximum permanent disability benefits you are entitled to based on your impairment and disability rating once you have reached maximum medical improvement.
An experienced workers’ compensation attorney in Bennettsville, SC, can help you to maximize your temporary benefits or final settlement by ensuring your medical evidence is presented to the Workers’ Compensation Commission, litigating legal issues when the insurance company attempts to deny your benefits, and appealing any unfair denials of benefits.
Your Bennettsville, SC Area Workers’ Compensation Attorney Can Ensure That Your Rights Are Protected
If you have been injured on the job, it is critical that you understand your rights under SC’s workers’ compensation laws and how to enforce them in court.
Learn more about filing a workers’ compensation claim in Bennettsville, South Carolina:
The Workers’ Compensation Claims Process
There is a deadline of 90 days to report your work injury to your employer and a deadline of two years to file your formal claim.
You should not delay, though – if you do not immediately report your injury and immediately file your claim, the insurance company may later claim that you were not injured at work, that the accident never happened, or that you are exaggerating your injuries.
Once you have reported the injury to your employer:
- Your employer should refer you to a doctor and help you to fill out the necessary paperwork and file your claim,
- If your employer does not help you to file the claim, you must file your claim with the Workers’ Compensation Commission and request a formal hearing,
- If the insurance company does not pay your full benefits, you must present your medical evidence and argue your case to a workers’ compensation commissioner,
- If the commissioner unfairly denies or limits your benefits, you must file an appeal to the Full Commission and appellate courts, and
- You may need to request additional hearings or file additional appeals to get permanent benefits approved once you have reached maximum medical improvement.
What Benefits am I Entitled to Receive?
Depending on the circumstances of your case and the extent of your injuries, your workers’ comp benefits may include:
- Temporary partial or total benefits compensating you for lost wages,
- Medical expenses including hospital bills, surgery costs, doctor bills, medications, physical rehabilitation, and the cost of medical equipment,
- Permanent partial or total disability benefits based on 1) the affected body part and 2) the percentage of use of the body part that has been lost based on your disability rating, or
- Death and funeral benefits for the accident victim’s family.
Workers’ Compensation Hearings
If the insurance company refuses to pay your claim, that’s not the end of the road.
You can:
- Request a formal hearing to force the insurance company to pay your benefits,
- Appeal to the Full Commission,
- Appeal to the SC Court of Appeals, and
- Appeal to the SC Supreme Court.
At various stages of the claims process, you may need to request a formal hearing or file appeals to get your benefits approved, including:
- Initial denials of benefits,
- Unfair or incorrect reductions in your benefits,
- Unfair termination of your benefits,
- Determinations of your disability award once you have reached maximum medical improvement, and
- Denial or limitations on your final settlement for partial or total permanent disability.
Types of Injuries Covered by Workers’ Compensation in SC
Workers’ compensation covers “accidental injuries” that “arise out of and in the course of employment.”
Unlike civil lawsuits based on negligence, it doesn’t matter who was at fault in a workers’ compensation case – whether it was your fault, a coworker’s fault, or your employer’s fault, you should be covered if it was an injury that occurred while you were “on the clock.”
Some common injuries covered by workers’ compensation insurance in SC include:
- Back and neck Injuries,
- Shoulder and arm injuries,
- Leg and knee injuries,
- Broken bones,
- Burns and electrical shock injuries,
- Disfigurement and scarring,
- Spinal cord injuries,
- Traumatic brain injuries (TBI),
- Vision and hearing injuries,
- Slip and fall injuries, trip and fall injuries, and falls from heights,
- Injuries caused by machinery in the workplace,
- Repetitive Trauma Injuries such as carpal tunnel syndrome or tendonitis, and
- Occupational disease caused by exposure to harmful chemicals or other hazards in the workplace
Bennettsville, SC Area Workers’ Compensation Lawyer J. Bradley Baker:
- Has nearly 30 years of legal experience fighting for the rights of injured workers,
- Understands SC workers’ compensation law and the defenses insurance companies use to try to avoid paying your benefits,
- Regularly appears in front of the workers’ compensation commissioners and knows the procedure for getting your claim approved, and
- Cares about his clients and the hardships that their families are facing after an on-the-job injury.
When you choose our Bennettsville, SC area workers’ compensation law firm to handle your case, you will receive personal attention directly from a workers’ compensation attorney who listens closely and carefully to your situation.
We make communication with our clients a priority, answer your questions, and keep you up to date on what is happening in your case throughout the claims process.
Last but not least, J. Bradley Baker understands that most people are not thrilled about filing a workers’ comp claim against their employer. He also understands that people who retain his services are not out for blood but rather fair compensation for their on-the-job injuries. Regardless, he will help you get the maximum compensation that you deserve! Call 803-356-2800 for your free consultation today.
