Filing a workers’ comp claim on your own can be difficult. If you’ve been injured on the job, you might wonder how a lawyer can help you with a workers’ compensation claim.
An attorney can guide you throughout the entirety of the claims process and even assist you in appealing a denied claim. They’ll advise you on your legal options at each step of the process and work hard to get you the following benefits:
- Medical care
- Partial wage replacement
- Permanent disability
- Physical impairment
A Lawyer Can Determine if You’re Eligible to File a Workers’ Compensation Claim
Under South Carolina law, some workers aren’t eligible to pursue benefits via a workers’ comp claim. Those parties include:
- Agriculture workers and sellers
- Railroad employees
- Licenses real estate agents
- State and federal personnel
- Workers without set working hours (casual workers)
Workers employed by a company with a payroll of less than $3,000 in the preceding year may also be unable to file a claim. An experienced attorney can help you find out if you’re able to file a workers’ compensation claim.
A Workers’ Comp Lawyer Can Collect Evidence for Your Claim
Without a lawyer, your employer’s insurance company might deny your claim on the grounds that your injury isn’t as severe as you say it is or that it’s the result of a pre-existing condition. A skilled attorney can combat phony claims by gathering the evidence necessary to prove that you were harmed on the job.
Your lawyer will obtain testimony from expert witnesses, medical records, footage and photos of the accident scene, and reports filed by co-workers involved in the accident. Once your attorney has all the information related to your case, they’ll synthesize it into a compelling workers’ compensation claim.
Identifying All Parties Responsible for Your Workplace Accident
Sometimes, workplace accidents aren’t solely caused by employer negligence. In fact, many on-the-job incidents stem from the reckless actions of third-party contractors and other entities.
For example, if your accident was caused by a piece of faulty equipment or a tool that lacked the proper safety mechanisms, your attorney may hold the manufacturer liable for your losses. Once your workers’ compensation lawyer has identified the party responsible for your injury, they’ll help you file a claim or lawsuit.
A Workers’ Compensation Lawyer Can Communicate With the Insurance Company
According to the South Carolina Workers’ Compensation Commission (SCWCC), the majority of employers in the state are required to carry workers’ comp insurance coverage. Once your attorney has helped you file a workers’ compensation claim, your employer’s insurer will investigate the incident.
If the insurance company deems that your injury is legitimate and covered by your employer’s policy, you’ll receive the benefits you need to move forward with your life. However, if the insurer fails to offer enough to cover your losses, your attorney might have to get involved.
Your lawyer will handle all communications with the insurer and negotiate with them to get more comprehensive benefits. At the end of the negotiation process, you’ll likely be awarded the compensation you need to support your recovery.
An Attorney Can Help You Appeal a Denied Workers’ Comp Claim
If your workers’ comp claim is denied, an attorney can help you explore alternative routes to compensation. First, they’ll assist you in filing an appeal. Once your appeal has been submitted, you’ll have a hearing with the SCWCC.
During your hearing, your attorney will introduce evidence that shows your injuries were caused by a work-related accident. You’ll also be expected to provide testimony that speaks to the incident you were harmed in.
Workers’ Comp Claim Deadlines in South Carolina
Your attorney will make sure that all the deadlines that apply to your workers’ comp case are met. In South Carolina, employees are required to notify their employer of a workplace injury within 90 days. Failing to do so could prevent you from getting the benefits you’re owed.
S.C. Code of Laws § 42-15-40 allows injured workers two years from the date of their accident or discovery of their injury to file a claim. A workers’ compensation attorney can work quickly and manage your case efficiently to ensure that the state’s deadline is met.
If your workers’ comp claim is denied, you’ll have to file what’s known as a personal injury lawsuit to get the compensation you deserve. According to the statute of limitations, your attorney will have three years from the date of your incident to submit a suit. Getting started on your workers’ comp case early will ensure that all important deadlines are met.
A Workers’ Comp Lawyer Can Help Take the Weight off Your Shoulders
Dealing with a debilitating injury can be extremely stressful and time-consuming, and having to file a workers’ comp claim only adds to the pressure. Fortunately, a workers’ compensation lawyer can help take some of the burden off your shoulders.
A skilled attorney can take care of your case, ensure deadlines are met, and handle all the details that are essential to a successful claim. The work they do will allow you to focus on attending medical appointments and getting the rest you need to recover from your injury.
Paying a Workers’ Comp Attorney Is Incredibly Easy
Paying exorbitant medical bills and taking unpaid time off from work can affect your finances. If you’ve been injured on the job, the last thing you want to do is pay for an expensive lawyer. The good news is, most workers’ compensation attorneys don’t charge upfront fees.
Instead, they take a contingency fee. A contingency fee is a portion of the compensation you receive from your claim. If your claim is denied, you won’t have to worry about paying your lawyer out-of-pocket. A contingency fee policy is just another amazing way that a workers’ compensation lawyer can help you in your time of need.