Need a Workers’ Comp Lawyer in South Carolina?
Consider One Who’s Helped 100’s of People Get the Workers’ Comp Benefits They Deserve.
The pain and suffering you experience from a workplace injury can have a major impact your health.
To add insult to injury, the medical bills keep piling up, driving you further into debt.
You know you may be entitled to workers’ compensation but you may fear losing your job if you move forward.
Not to mention, you want to avoid a long drawn-out legal battle and the additional stress that follows.
All of these considerations can bring about feelings of hopelessness and rightfully so.
Fortunately, a workers’ compensation lawyer in South Carolina can help!
Choosing to consult with an experienced workers’ comp lawyer in South Carolina like J. Bradley Baker can reduce stress and anxiety, and most important, have a huge positive impact on the outcome of your case.
Common workplace injuries include:
1. Strains and sprains
2. Falls from height
3. Slips, trips, and falls
4. Machinery-related accidents
5. Repetitive strain injuries (RSIs)
7. Cuts and lacerations
8. Inhalation of toxic substances
9. Vehicle accidents
10. Workplace violence
Our Workers’ Compensation Attorney Can Help:
- Explain the workers’ compensation application
- Seek maximum compensation for your injuries
- Ensure all of your injuries are properly documented
- Send you to a vocational professional who can help strengthen your claim
- Fight against the wrongful denial of benefits
- Fight for the medical treatment you need
- Validate your injuries
- Verify your rate of compensation
- Fight for future medical care benefits
- Protect your physical and psychological needs
If you were injured by a third-party, you may be able to file a personal injury claim in addition to a workers’ comp claim.
Am I Eligible to Receive Workers’ Comp Benefits?
Employers who employ 4 or more employees are required to have workers’ compensation insurance with the of the following exceptions:
- Agricultural employees
- Railroad employees
- Unpaid volunteers
- Business owners, partners, or sole proprietors
In general, as long as you do not fall into any of the above categories, your employer should be carrying workers’ compensation insurance. If you have been injured on the job, you will most likely be eligible to receive compensation.
What Am I Entitled to If I Have Been Injured On Job?
If you have been injured on job or while performing a work duty, it is important that you know your rights as an injured worker. Your employer is responsible for providing you with the medical treatment necessary following your on-the-job injury. Normally, this is handled and coordinated by workers’ compensation insurance.
You are also allowed the following rights under the South Carolina Workers’ Compensation Act:
- Recovery of medical expenses
- Temporary total compensation for lost time
- Permanent disability benefits if you have suffered a permanent injury
- You have the right to choose a physician to evaluate your disability, however, this will not be covered by the employer.
Depending on the severity of your injury, you may be eligible for the following:
- Mileage for travel to and from medical treatment that is more than five miles from your home
- Lost wages or income at two-thirds of your average weekly wage
- Compensation based on your disability
- Death and funeral benefits for surviving family members
Work history, educational background, and the type of work you were performing at the time of injury may affect the outcome of your case as well. 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, in which case you may be able eligible for permanent disability benefits.
Filing a Workers’ Compensation Claim in South Carolina
In South Carolina while you have up to 2 years to file your workers’ compensation claim, you only have 90 days to report your injury to your employer so it’s critical that you take action immediately.
After reporting your injury to your employer, the following process should be followed:
- Your employer should provide you with the necessary forms to fill you
- Your employer should also submit their own forms to their insurance company
- If your employer fails to file the forms on your behalf, you are also able to file the Form 50 or Form 52 (found on the WCC website) directly with the South Carolina Workers’ Compensation Commission
- You should receive an answer from the insurance company within 2 to 4 weeks stating whether your claim has been approved or denied
- If your claim was approved you will begin receiving benefits
- If your claim was denied you will be given the opportunity to appeal your denial
If your claim was denied, it is extremely important to consider hiring a workers’ compensation lawyer in South Carolina who is able to help gather evidence and details to support your claim and represent you in your appeals hearing. Failing to properly prepare for your hearing may result in you being denied workers’ compensation benefits once again.
What is the Workers’ Compensation Appeals Process?
If your claim has been denied, you do have opportunity to appeal the decision.
1. Filing a Claim – You or your employer may submit a Form 50 with the Workers’ Compensation Commission of South Carolina, which lays out the basics of your accident and injuries and any treatment received/needed.
2. Counter-evidence – The insurance carrier will then have an opportunity to agree or disagree with your statement by filing their own form.
3. Being Assigned a Commissioner – After both forms have been filed, your case will be assigned to a Commissioner who will research your case and then schedule a hearing (about 3-5 months later) where you will be given opportunity to present your case.
4. The Hearing/Appeal – After the hearing the Commissioner will give an Opinion and Award in which they declare their ruling and financial reward (if any) that will be offered to you. If you are unsatisfied with the Commissioner’s ruling, you will be given opportunity to file an appeal for up to 14 days after the ruling.
This is a complicated process and it’s important to provide ample evidence to ensure that your hearing goes well. We are prepared to guide you through the appeal process! Contact our workers’ comp lawyers today.
Ready to Speak with a Workers’ Comp Lawyer in South Carolina?
If you’re ready to discuss your on-the-job injuries with a workers’ compensation lawyer in South Carolina contact J. Bradley Baker at 803-356-2800 or email using this contact form on our website.
J. Bradley Baker will help you navigate the complex process of filing a workers’ compensation claim. He will also help you understand your rights and options and represent you in negotiations with the insurance company.