No one starts their day on the job expecting to land in the hospital after a workplace injury. However, workplace injuries often happen due to many factors beyond the employee’s control.
Unfortunately, workplace accidents are common. In 2019, over 34,000 occupational accidents were reported in South Carolina. If you were injured on the job, you may have a right to workers’ compensation insurance benefits.
Kingstree’s workers’ compensation attorney can help you with your accident case. We can explain what to do after a workplace accident and help you file your claim. Consult with Miller, Dawson, Sigal & Ward Injury Attorneys for free to learn what we can do for your case.
The Purpose of Workers’ Compensation Insurance
Workers’ compensation insurance serves two objectives: to protect an employer from litigation and to offer injured workers benefits if they cannot work. Workers’ compensation benefits replace 66% of your normal wages after an accident at work.
Your benefits may also pay for your accident-related medical expenses. If you cannot return to your previous job, you may be eligible for job training in a new field. The ultimate goal of workers’ compensation insurance is to assist injured workers until they are fit to return to work.
Types of Workers’ Compensation Benefits
The benefits you may receive with a workers’ compensation claim will depend on your specific situation. You may reclaim the cost of necessary health care, such as:
- Prosthetic devices
- Medical supplies
- Prescription drugs
You may be eligible for several other benefits, including:
- Medical transportation
- Disability benefits
- Social security disability
- Job training programs
- Death benefits
- Additional losses
A workers’ compensation attorney in Kingstree, South Carolina, can discuss your case in-depth to determine what workers’ compensation benefits may be available to you and how much your case is worth.
Workplace accidents may cause injuries that can heal over time. In this case, you may be able to collect benefits for temporary disability. If you can return to work but cannot perform all your usual duties, you may be eligible for partial disability benefits. However, you may experience injuries that prevent you from returning to work. In that situation, permanent disability benefits may be your best option.
What to Do After a Workplace Injury
You must follow the proper procedure to ensure you are properly compensated through a workers’ compensation claim. If you fail to take the correct steps after a workplace accident, your personal injury claim and eligibility for compensation could be negatively affected.
To increase your chances of winning a workers’ compensation claim after a workplace injury, you should complete the following steps after your accident:
- Report the injury to your employer in writing, if possible
- Get a medical evaluation for proper diagnosis and care
- Keep detailed notes about your accident
- Retain any letter or email from your employer
- Save copies of any forms you complete
- Attend any meetings regarding your workers’ compensation claim
- If you are asked to visit a specific doctor to verify your diagnosis, do so
If you have trouble with these steps or have questions about the claims process, a workers’ compensation lawyer in Kingstree can explain in more detail.
Do You Need a Workers’ Compensation Lawyer in Kingstree?
You do not need to hire a personal injury lawyer to file a workers’ compensation claim. If your workplace injury case is straightforward, you file promptly, and your employer is supportive, you may not require legal assistance. On the other hand, if you experience complications, it may be in your best interest to team up with the Thumbs Up Guys from the MDSW law firm.
You may want a lawyer on your side if:
- Your employer disputes your claim or does not believe you are injured.
- Your employer refuses to file your workers’ compensation claim.
- You have difficulty getting the treatment you need.
- You are no longer able to do your job.
- Your permanent disability rating is questioned.
- You are asked to attend a workers’ compensation hearing.
- Your workers’ compensation claim gets denied.
If your claim has been denied or you believe you deserve more benefits than you received, a Kingstree workers’ compensation attorney can help you appeal the decision.
Can I File a Lawsuit Instead of a Workers’ Compensation Claim?
In most workplace accident cases, you do not have the right to file a lawsuit against your employer. One of the primary reasons that workers’ compensation was created was to protect employers from lawsuits. However, there are some situations where a worker may be able to waive their right to claim workers’ compensation and instead file a personal injury lawsuit.
Employers owe their employees a duty of care. Part of this is that they must provide a reasonably safe work environment. The word “reasonably” is vital because some jobs, by their very nature, are dangerous. However, your employer must ensure that no hazards exist.
If you were injured because your employer was negligent in their duty to provide a reasonably safe work environment, or if your employer intentionally caused you harm, you may be able to file a lawsuit. Talk to an experienced workers’ compensation lawyer before accepting benefits if you are interested in pursuing a lawsuit against your employer.
When a Third Party Is Liable for a Workplace Injury
When a party other than your employer is liable for your damages, a personal injury lawsuit may be your only choice for adequate compensation. If you were injured by a defective tool, you may need to sue the manufacturer to recover compensation. Likewise, if you were injured while out on a call and off company property, you may need to file a lawsuit against the property owner.
If you need clarification about the best path for recovering compensation after a workplace accident, speak with a workers’ compensation lawyer in Kingstree about your options. Determining if a third party is responsible for your accident and subsequent injuries can be complex. However, experienced workers’ compensation lawyers in Kingstree, South Carolina, are well-equipped to tackle your personal injury claim.
We will launch an in-depth investigation to analyze how your accident occurred and who is at at-fault to help you secure financial compensation for your losses after a workplace accident.
Call a Kingstree Workers’ Compensation Lawyer
Contact the workers’ compensation lawyers in Kingstree from Miller, Dawson, Sigal & Ward Injury Attorneys if you suffered an accident in Kingstree, SC. We will make every effort to get back to you within 24 hours of your call so we can get started on your case immediately. Locally known as the Thumbs Up Guys, our law firm fights for worker rights.
We can review your case for free and give you legal advice after your occupational accident.