As an employee, you have the right to claim workers’ compensation benefits if you get injured on the job. If you want to take full advantage of those rights, you’ll need to work with a Goose Creek workers’ compensation attorney to make your claim.
Our team at Miller, Dawson, Sigal & Ward can help you. If you’ve received a workplace injury for any reason, whether a sudden one or one that has been developing for a while, contact our team to learn how you can maximize your compensation with our help.
Why You’re Owed Workers’ Compensation
Working takes a toll on the body. Some occupations have a high risk for injuries, like construction. Others create injuries over time, like carpal tunnel syndrome from typing or repetitive factory work. Injuries on the job led to lawsuits in courts and fights between business owners and laborers.
Eventually, the government stepped in and created workers’ compensation. This lets workers receive money for workplace injuries and lost wages faster and with less risk than going to trial. It’s similar to how auto insurance works. Employers carry insurance to cover workplace injuries so they can avoid getting sued directly.
However, this system has a flaw. The insurance industry does not like to pay out the full value of claims unless you can back them up. That’s why a worker’s compensation lawyer can help you. We can help you make claims and file appeals so that you’re not denied the money you need for recovery.
What Can I Receive Under Workers’ Compensation?
Under the system, you can receive compensation for the costs related to your injuries and for lost wages. If your injuries put you out of work, you could get permanent disability benefits. Sometimes, this is enough to satisfy the needs of workers, but sometimes, it’s not. Your lawyer can tell you about the limitations of the system and how much your case is worth.
However, there are situations where you can go beyond the workers’ compensation system and sue employers directly. Usually, we have to prove the employer was deeply negligent, especially if it was active negligence.
For example, if you knew you needed personal protective equipment and asked for it before doing something dangerous, but your employer denied you needed it and forced you to do the job anyway, that could qualify for a lawsuit. Our workers’ compensation attorneys in Goose Creek can tell you if your case qualifies for this.
What Are My Responsibilities Under South Carolina’s Workers’ Compensation Laws?
To claim workers’ compensation, there are some things you need to do under South Carolina law. The first thing is to report what happened immediately to a supervisor. For conditions that take time to develop, report it as soon as it becomes a problem.
Your employer should instruct you to go to a particular doctor. If you go to that one, workers’ compensation covers your costs. Unless it’s an emergency, seeing a different one could get coverage for that examination denied. However, you have the right to see your own physician for a second opinion.
You should also request that the employer cover your medical treatments. If they deny your claim, that’s the time to call a workers’ compensation attorney. They can press the matter and, if necessary, file a formal claim to the Workers’ Compensation Commission. They are the court that judges workers’ compensation claims.
Fault in Workers’ Compensation Cases
One unusual fact of workers’ compensation is that it’s a no-fault system. As long as you’re an employee of the company, you can make a claim. The only time fault becomes a serious issue is if you were intoxicated when you were injured, or if a case must get appealed beyond the Workers’ Compensation Committee.
Seek Help With Your Workers’ Compensation Claim in Goose Creek
When an employer or an insurance company pushes back on your injury claim, it can feel like you have nowhere to turn. That’s not the case. You can turn to the trusted Goose Creek workers’ compensation claim lawyers of MDSW Legal.
Our team helps people with claims in Goose Creek and surrounding areas. If you’re getting denied or think you’re getting offered too little, call us for a free consultation. We will look at your situation and explain how we can help you improve your claim. You may also reach us through our online contact form.