Have you been injured in a work-related accident in Charleston? Are you planning to file a workers’ compensation claim? If so, it is important to hire an experienced workers’ comp attorney who can guide you through the process, ensure that you’ve met the requirements, and assist with any appeals or delays in receiving benefits. Continue reading to learn more about how a Charleston workers’ comp lawyer can help you seek the compensation you deserve.
Workers’ Comp Claims Are Complicated
South Carolina’s workers’ compensation laws require that most employers in the state who have four or more full-time employees provide workers’ compensation, which is a no-fault insurance policy purchased on behalf of the employees for the purpose of providing lost wage benefits and medical treatment after a work-related accident or illness. If the injury or illness results in a disability that renders the employee unable to return to work, wage replacement can be provided through a permanent disability designation. These laws and qualifications can be complicated and hard to understand. A workers’ comp attorney can guide you through the application process so you’re sure your claim is strong and not missing any documents.
We’re Committed to Ensuring You Get What You Deserve
Technically, an attorney is not required in order to receive workers’ compensation benefits. However, it is strongly encouraged that you have one, because an experienced workers’ comp attorney understands the laws involving this program, the steps required to process a claim or file an appeal, and can ensure that your rights to compensation for a work-related injury or illness are protected. Some of the services our attorneys can assist with include:
- Careful consideration of your case to determine sources of liability. Workers’ compensation is a no-fault insurance, meaning that you obtain the compensation without having to prove that your employer was at fault, even if your own actions contributed to your injury. However, if a third-party caused your injury, there could be the potential of a personal injury lawsuit, which provides an expanded list of damages that can be recovered. Third-party accidents are caused by an individual who is not your employer or your coworker.
- Ensuring that you obtain the proper medical care in accordance with state laws. Your employer has the right to designate which physician treats you for your work-related injury or illness and failing to seek treatment from a designated provider could result in the loss of medical payments.
- Ensuring that you follow the claims process to the letter in order to receive your benefits as soon as possible.
- Filing an appeal if your claim is denied. Frequent causes for claims denials include the belief that you were under the influence of alcohol or drugs at the time of the accident, the suspicion that you were not actually injured and that the claim was fraudulently filed for the purpose of collecting benefits, or your employer either was required to purchase workers’ compensation insurance and did not, or was not required to provide the insurance due to several exceptions pertaining to the type of work and the number of full-time employees your employer has on their payroll.
- Ensuring that there is no delay to the benefits that you are entitled to receive.
- Obtaining independent medical examinations on cases where the treating physician gives an unfavorable opinion. Sometimes, the physician an employer’s insurance company provides is encouraged to dismiss the injuries of an injured worker to save the insurance company and employer money. If this happens to you, an attorney can help you legally seek another medical examination from a different physician that may not be as biased.
- Making sure the insurance company pays you as much money as possible for your injury and resulting disability.
Workers’ comp can be a complex process. Contact the Thumbs Up Guys to help you to understand this process and collect the compensation that you need to remain financially stable as you recover from your illness or injury.