Accidents happen in the workplace every day. But when you’re injured and can’t work, it can put significant strain on your bank account and mental health. Thankfully, workers’ compensation can take care of your expenses. But the process of applying and getting all the payment you need can be needlessly complicated.
With the help of our workers’ compensation lawyers in James Island at Miller, Dawson, Sigal & Ward, your claim can go smoothly, and you can get every last dollar you’re owed. We can even help with a claim that has already been denied. Learn more about how workers’ compensation operates in South Carolina.
Benefits You Can Get in a South Carolina Workers’ Compensation Claim
Workers’ compensation in South Carolina is meant to help injured workers recover and get back to their job. To that end, workers’ compensation insurance offers three kinds of benefits:
- Medical treatment
- Payment for lost wages
- Compensation for permanent disability or diminished earning potential
Employers are required to carry workers’ compensation insurance if they have four or more employees, according to Title 42 of South Carolina’s Code of Laws. That insurance is meant to help you support yourself and help your employer avoid a costly, lengthy personal injury lawsuit.
All your treatment related to your injury is supposed to be covered by your workplace’s insurance. If you’ve been injured in a work-related accident, you should let your employer know as soon as possible. They will send you to an approved doctor who will diagnose you and get you the treatment you need.
Sometimes, insurance companies try to short you to save money or doctors don’t recommend adequate treatment. If for any reason your compensation is not affording you enough money, a workers’ compensation attorney in James Island can help. By gathering evidence and showing the extent of your injuries, a lawyer can help you get the payment you deserve.
How Workers’ Compensation Is Calculated
Workers’ compensation is different for everyone, and while online calculators and formulas can help you understand how much you’re likely to get from your claim, your results may vary. In general, workers’ compensation insurance depends on how you are classified as an employee and what type of work you do.
In most states, including SC, the National Council on Compensation Insurance (NCCI) determines classification and other factors that affect your payout. You are entitled to two thirds (66⅔%) of your weekly wages, and cannot collect more than the average weekly wage as determined by the South Carolina Department of Employment and Workforce (SCDEW).
To get a good idea of how much money you may get from your claim, you can talk to a workers’ compensation lawyer. A member of our team can meet with you for free and assess your case to tell you what to expect in your workers’ compensation case.
Third-Party Claims in a Workers’ Compensation Case
When something goes wrong in the workplace and you are injured as a result, you can collect workers’ compensation. However, when there is another party involved who may be responsible for your damages, you could be able to collect compensation for your damages past what workers’ compensation pays.
If someone not affiliated with your work is partially responsible for your accident, you can file what is known as a “third-party claim.” A third-party claim is a personal injury claim against someone whose negligence caused your injury. Third-party claims offer your compensation in addition to workers’ compensation and do not replace what you earn.
Common third parties in workers’ compensation cases can include:
- Drivers who caused a car accident
- Subcontractors or other people working on your job site who are not affiliated with your employer
- Manufacturers who produce a faulty or defective piece of machinery or other product
- Property or business owners whose hazardous premises caused your accident
If a third party was responsible for your accident, a personal injury lawyer can help you hold them liable for your damages. By investigating your accident, showing how the third party’s negligence caused your injuries, and proving that they are liable for your damages, an attorney could be able to get you extra compensation.
How Much Does a Workers’ Compensation Lawyer in James Island Cost?
When you hire a James Island workers’ compensation attorney from the Thumbs Up Guys, you don’t have to pay anything up front. That’s because we think you should be able to seek justice without breaking the bank, so we take contingency fees. Contingency fees only come once you get compensation, and they are a mere portion of your payout.
South Carolina law caps any workers’ compensation lawyer’s contingency fees at one-third of your compensation. That way, you are able to walk away with enough to support yourself while still being able to pay for your lawyer’s services. We will never charge you more than a third of your workers’ compensation claim’s worth.
To find out how much your workers’ compensation lawyer may cost you, talk to someone from our firm. One of our attorneys can give you a free estimate of their fees and, given that you agree, will get to work ASAP to help you get what you need to recover.
Talk to a Workers’ Compensation Attorney in James Island Today
When you’ve suffered a work-related injury, getting back on your feet can be difficult. The last thing you need while you recover is a complicated workers’ compensation claim. The James Island workers’ compensation lawyers at Miller, Dawson, Sigal & Ward can handle the details and make sure you have the strongest claim possible.
To learn more about your options and how you can get a FREE initial consultation, call us or contact us online. We have members of our team on call to talk to you at any hour of the day.