A workplace injury can be quite serious and may keep you away from the job for an extended period of time. This absence can lead to mounting financial pressure. If you are worried about staying afloat while you recover, a Charleston workers compensation lawyer can help you.
While healing from a workplace injury is often a lengthy process, the road to financial recovery is often longer. Fortunately, you do not have to go down that road alone. Our personal injury lawyers in Charleston will be your trusted advocates you can turn to throughout every stage of your claim or appeal, and our team can make sure you avoid mistakes that can affect your compensation.
Do I Need a Charleston Workers Compensation Lawyer?
If you have suffered an injury in an accident at your place of employment, you have the legal right to get fair compensation for your injury. Unfortunately, there are many valid workers’ compensation claims that get denied. Hiring a qualified workers’ compensation lawyer can help to secure compensation to cover your costs.
A Charleston workers compensation lawyer knows how the insurance companies function and can help negotiate for a fair settlement. Going up against a big insurance company without legal counsel is a risky move that can result in an insufficient settlement or complete denial of your claim.
Filing for Workers Compensation in Charleston, South Carolina
The last thing that you want to have to worry about when recovering from an injury is how you are going to pay your bills. Hiring a workers’ compensation attorney can give you the confidence that your financial situation is in good hands. This knowledge can help you to relax and focus on your recovery.
A workers compensation lawyer in Charleston will help to make sure all of your paperwork is filed correctly and on time. If your claim gets denied, your workers’ compensation lawyer can help appeal that decision and fight for your rights in a hearing.
Can I Sue My Employer With a Workers Compensation Lawsuit?
In most situations, you can not sue your employer for an injury. However, there are exceptions. Workers’ compensation insurance was created to keep workplace accident lawsuits from clogging up the courts. Workers’ compensation is meant to be a quick way to resolve work injury claims. That is why, by law, companies are required to carry this insurance.
You may be able to file a lawsuit against your employer if you are injured at work and you can prove any of the following conditions:
- Your employer doesn’t carry workers’ compensation insurance (in states that require it).
- Your employer intentionally harmed you.
- Your employer is guilty of gross negligence.
Workers’ compensation will not compensate you for damages like mental anguish or pain and suffering, so a lawsuit has the potential to yield a larger settlement. A workers’ compensation attorney can consult you on whether your claim has met the necessary requirements and what option is best for you.
How Much Does It Cost to Hire a Charleston Workers Compensation Lawyer?
The good news for anyone suffering from a workplace injury is that anyone with a valid case can access legal help. The majority of workers’ compensation attorneys work on a contingency fee basis. That means that hiring us will not cost you any money out of pocket, because we do not charge legal fees unless you get compensation.
During your initial consultation, your attorney will explain the percentage of the money you get that will be paid to them if you do receive payment. In most cases, accident victims go home with a larger settlement after they have paid their lawyer compared to what they would have ended up with if they’d negotiated with the insurers directly.
How Long Do I Have to File a Workers’ Compensation Claim?
In the state of South Carolina, accident victims must report their injury to their employer within 90 days. You must also file the claim within two years with the workers’ compensation agency for the state. In some cases, your employer will handle the second step for you.
Both with notifying your employer of your injury and filing the claim with the state, the sooner you take care of it, the better. Your claim is always strongest when the incident is fresh. Witness memory tends to fade over time, and evidence of the accident and your damages can become corrupted.
What Damages Are Covered in a Workers’ Compensation Claim?
The damages that can be recovered from a workers’ compensation claim are limited. For example, you are not able to recover compensation for non-economic damages. Some of the damages that are covered by workers’ compensation, include:
- Lost wages
- Current and future medical expenses
- Survivor’s benefits
- Lost earning capacity
What Are Workers’ Compensation Survivor’s Benefits?
When a workplace accident results in a death, the family of the worker is entitled to compensation. Survivor’s benefits provide financial relief to those who have lost a loved one. If your loved one died in a workplace accident, you may be able to collect benefits.
These benefits can often be essential if the loved one was the primary earner for the family. The payouts tend to be significant in these cases in order to cover for the future lost earnings of the deceased.
Schedule Your Free Consultation with a Workers Compensation Attorney in Charleston Today
The Thumbs Up Guys at Miller, Dawson, Sigal & Ward believe everyone deserves to have top-of-the-line legal counsel. Because of this belief, we offer free, no-obligation consultations to anyone who has suffered a workplace injury.
Free consultations allow potential clients to have their cases evaluated by a team of experienced workers’ compensation attorneys. Don’t hesitate to reach out to our workers’ compensation lawyers in Charleston, South Carolina. We are here to help you recover.