Nearly every worker in South Carolina is covered by workers’ compensation insurance. But no matter the job you have, injuries can still happen. Accidents occur and others fail to follow proper safety regulations. But if you get hurt, you might not get the compensation you deserve.
Your employer’s insurer won’t be eager to offer the maximum payout. But the easiest way to get what your case is truly worth is to work with a workers’ compensation lawyer in Hilton Head from Miller, Dawson, Sigal & Ward Injury Lawyers as soon as you can after you’ve reported your injury to your employer.
Damages You’re Entitled to Receive From a Workers’ Compensation Claim
South Carolina law recognizes three main types of compensation in a workers’ compensation claim:
- Lost wages due to your injury
- Medical expenses due to your injury
- Temporary or permanent disability benefits, should you qualify
Note that there are limits to these benefits. For instance, lost wages are usually only paid back up to two-thirds of what you would normally receive. Also, you will need to provide evidence of injury and disability. This is where insurance companies may try to trip you up.
Employer Insurance Is Not Your Friend
Like most insurance companies, the goal of your employer’s insurance provider is to pay out as little as possible under their policies. That’s how they stay in business. But that doesn’t help you get the compensation you deserve after your workplace injury.
One common trick is for them to require you to see a specific doctor. Insurance doctors could downplay injuries so they don’t seem as bad to an insurance adjuster. Our Hilton Head workers’ compensation lawyers can tell you how to interact with an insurer’s doctor to get a favorable result.
Understanding Your Responsibilities for Workers’ Compensation
There are also ways that an insurer could deny your claim outright if you fail to perform certain responsibilities. One of these is reporting your injury to your employer in a timely manner. You have 90 days from your injury to report it, but you should tell your manager of an injury as soon as you’re aware of it.
Additionally, you have a two-year period from your report to make a claim. If you breach these deadlines, you could lose all right to compensation. Another common workers’ compensation claim mistake is to refuse to go to work without a doctor’s excuse. That will give your employer cause to fire you and you’ll lose rights to workers’ compensation.
If you’ve been denied your claim, we can represent you during the appeals process with the South Carolina Workers’ Compensation Commission.
Can I Be Fired for Filing a Workers’ Compensation Claim?
Legally, an employer cannot fire you in South Carolina for missing work due to injury or illness, or for filing a workers’ compensation claim. However, South Carolina is an at-will employment state. This means that an employer could find some other reason to fire you.
However, if you believe that your employer fished for a reason to fire you so that they could avoid a hike in their insurance premiums, you may still have a case. Speak with one of our workers’ compensation lawyers in Hilton Head and tell us your story.
We’re Ready to Help You Get Workers’ Compensation
Employers must take responsibility for injuring their workers, and their insurance companies must pay out what you’re truly owed. Don’t let them get away with denying you compensation at your time of greatest need.
The Hilton Head workers’ compensation lawyers at Miller, Dawson, Sigal & Ward Injury Lawyers are ready to help you with your workers’ compensation claim. Contact us by phone or online to schedule a free consultation.