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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, Charleston, SC workers’ compensation attorneys 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. We will be the 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 South Carolina 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 attorney 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 attorney in South Carolina 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 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
At Miller, Dawson, Sigal & Ward Injury Attorneys, we 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.
Getting Help Is Easy
If you’ve suffered an injury on the job, we know the difficult challenges you’re facing. That’s why we make getting help from our law firm quick and easy! All you have to do is contact us and we’ll take it from there!
You Deserve Benefits
If you’ve been hurt on the job, you’re likely entitled to workers’ comp benefits under South Carolina law. Our team will strive to make the process of securing those benefits as stress free as possible for you and your family.
No Fees Unless We Win
Wondering if you can afford an attorney? You can! Our office works on a contingency basis, which means you don’t pay a dime upfront and you will never owe us anything unless we are putting money in YOUR pocket!
We Have Your Best Interests at Heart
If you’ve been hurt on the job, we know how difficult and traumatic the following days, weeks, months, and even years after your accident can be. You’re in pain and wondering how you’re going to continue working, paying your bills, and supporting your family while you recover. On top of these worries, the extra stress of filing a workers’ compensation claim and dealing with an insurance company to get the benefits you need can be unbearable.
After a workplace accident, you deserve to have someone in your corner who has your best interests at heart. The Thumbs Up Guys at Miller, Dawson, Sigal & Ward are not only here to protect your rights and help you get the benefits you need, but also to compassionately walk you through every step of the process and ensure you’re being treated fairly during this difficult time. Highly qualified and experienced in workers’ comp matters, our team has helped countless injured workers in Charleston and across South Carolina get the benefits they need to get back on their feet again.
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Hurt at Work? We’ve Got This!
If you’re hurt on the job, don’t wait to take action! Seek medical attention and call The Thumbs Up Guys. Our qualified Charleston, SC, workers’ comp lawyers know how to help. We’ve got this!
What Kind of Workers’ Comp Benefits Can I Receive?
Workers’ compensation is intended to provide financial support to workers in the event of a workplace accident. Suppose you’ve been hurt on the job.
In that case, workers’ compensation benefits can cover any reasonable and necessary medical costs required for the treatment of your injuries, including:
- Doctor’s office visits
- Medical procedures
- Prescriptions
- Ongoing physical therapy
Your benefits may also cover a portion of your lost wages, based on the severity of your injury or condition.
What Causes Workplace Injuries?
Workplace accidents happen for a wide variety of reasons and cause Charleston workers to become seriously injured every day. Many injured workers wonder whether they’re entitled to benefits after a workplace accident. In most cases, if you were on the clock and got hurt in any way, it’s considered a workplace injury and you’re entitled to workers’ compensation benefits under South Carolina law.
While countless injuries can occur in workplaces, some of the most common include:
- Overexertion injuries from activities such as heavy lifting
- Injuries from a slip, trip, or fall
- Auto accidents due to work-related highway incidents
- Repetitive-motion injuries, such as carpal tunnel syndrome and tendonitis
Filing for Workers’ Comp in Charleston, South Carolina
If you’ve been hurt on the job, there are several vital steps that must be taken to file for workers’ compensation in Charleston, South Carolina. The first step is to immediately inform your employer of the accident and seek medical treatment for your injuries.
You have a 90-day window to report your accident, or you could lose your right to benefits. After this period, you have up to two years to file a claim for benefits (including death benefits).
If your employer doesn’t report your accident to their workers’ comp insurance carrier or your claim is denied, it’s in your best interest to seek help from a legal professional. Our Charleston, SC, workers’ comp lawyers know the critical deadlines that can affect your claim and are ready to help you navigate these complex legal processes.
However, you can always make sure your treatment results are shared with your own doctor to keep your medical records up to date and get a second opinion.
Workers’ Comp Lawyer Frequently Asked Questions
We know that a workplace injury can leave you with many questions. Here are some of the most commonly sought-after answers. Reach out to our legal team directly if you have more concerns.
Do I Have to Prove Fault To Get Workers’ Comp?
Workers’ compensation is a no-fault system, meaning that it doesn’t matter who caused your accident, and you do not need to prove fault to receive benefits. If you were hurt at work, you’re generally entitled to workers’ comp coverage.
Does My Accident Have to Happen at Work to Get Benefits?
No. As long as you’re performing work-related duties, you are covered. For example, if part of your job requires you to travel to a client’s home or office and you get hurt, workers’ comp should apply. Even if you’re running an errand for your boss, workers’ compensation may cover your injury.
Do All Employers Offer Workers’ Compensation Benefits?
Employers in South Carolina with four or more employees are required by law to have workers’ comp coverage if an employee is hurt. There very few exceptions, such as companies that made less than $3,000 in annual payroll the prior year.
Are All Employees Eligible for Benefits?
Most South Carolina employees are covered by workers’ compensation, except independent contractors and those whose employer payroll is below four employees. If you do not fall under these exceptions, workers’ compensation should cover your work-related injury or illness.
Does My Employer Offer Workers’ Compensation?
Employers with four or more employees are required by law to have workers’ comp coverage in the event that an employee is hurt. Contact us at Miller, Dawson, Sigal & Ward Injury Attorneys if you have any questions about whether or not your employer carries workers’ compensation and if you’re entitled to benefits after an accident.
Are There Any Employees That Aren't Covered?
Most South Carolina employees are covered by workers’ compensation, with the exception of independent contractors, and those whose employer payroll is below four employees. If you do not fall under these exceptions, workers’ compensation should cover your work-related injury or illness.
How Do I Start My Workers' Comp Claim?
If you’re hurt on the job, the first thing you need to do is inform your boss, preferably in writing, of the accident. Note the exact time and circumstances of the accident, including the pain you feel, what happened, and when.
Your supervisor should then forward the information to the insurance carrier, who should file a First Report of Injury (FROI), which will begin your workers’ compensation claim. Then, make sure you seek medical attention and call a Charleston, SC, workers’ comp lawyer to help you navigate the legal system.
Can I See My Own Doctor?
In South Carolina, your employer has the right under SC Code Sec. 42-16-60 to determine a list of approved health care professionals that you can see. The doctors on that list are generally associated with your employer’s workers’ compensation insurance carrier. You will need to see one of those doctors in order to process your claim, however, you can always make sure your treatment results are shared with your own doctor in order to keep your medical records up to date and to get a second opinion.
What Kinds of Workers’ Comp Benefits Can I Receive?
Workers’ compensation is intended to provide financial support to workers in the event of a workplace accident. If you’ve been hurt on the job, workers’ compensation benefits can cover any reasonable and necessary medical costs required for the treatment of your injuries; including doctor’s office visits, medical procedures, prescriptions, ongoing physical therapy, and more. Your benefits may also cover a portion of your lost wages, based on the severity of your injury or condition.
What Will a Workers' Comp Attorney Cost?
The good news is that it costs nothing to put the Thumbs Up Guys on your side! Our office works on a contingency-fee basis, meaning that you won’t owe our lawyers anything unless we win money for your claim. You have nothing to lose by letting our team review your case. Call our team today!
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