Accidents happen in the workplace every day. But when you’re injured and can’t work, it can significantly strain your bank account and mental health. Thankfully, you can file an injury lawsuit to get help with your medical expenses. However, applying and getting all the payment you need can be needlessly complicated. A personal injury lawyer in James Island can help alleviate this. stressful process during the challenging times of being injured and out of work.
With the help of our James Island workers compensation lawyer 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 the maximum compensation and return to their job after they fully heal. 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 treatment related to your injury is supposed to be covered by your workplace’s insurance. If you’ve sustained severe to life-threatening job injuries, you should inform your employer as soon as possible. They will send you to an approved doctor who will diagnose you and provide the medical benefits you need to recover fully.
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, experienced James Island workers’ compensation lawyers can help. By gathering evidence and showing the extent of your injuries, a lawyer can help experienced workers get the payment they deserve.
In some cases, workplace injuries can be caused by defective equipment. When this occurs, your employer may not be liable for the accident. If your accident was caused by faulty equipment, you may be eligible to sue third parties, such as equipment manufacturers, for additional compensation.
How Do I Apply for Workers’ Compensation Benefits in South Carolina?
After you are injured in the workplace, you will be eligible to apply for workers’ compensation benefits in South Carolina. According to the South Carolina Workers’ Compensation Commission, compensation laws state that you can do so by filing one of two forms, Form 50 for workplace injuries or Form 52 for deaths in the workplace. Once you have completed the appropriate form, you must submit said form to the commission within two years of your accident.
After submitting your claim, you may be eligible for financial compensation through three workers’ compensation benefits: medical care or benefits, lost wages, and permanent disability. If you have any questions about applying for workers’ compensation in South Carolina, speak to a lawyer for workers’ compensation in James Island.
How Long Will It Take for Me to Receive Workers’ Compensation Benefits After Applying?
Once you apply for workers’ compensation benefits, you may wonder how long it will take to receive them. Because every workers’ compensation claim is different, the timeline for receiving your benefits may also vary. There is a mandatory waiting period of seven days after applying; however, some may begin to receive their benefits shortly after.
Others may have to wait a few months before their benefits kick in. The time it may take to gain access to workers’ compensation benefits in South Carolina depends on your claim and other factors surrounding your accident in the workplace.
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).
You can talk to a workers’ compensation lawyer to get a good idea of how much money you may get from your claim. A team member 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
You can collect workers’ compensation when something goes wrong in the workplace and you are injured. 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 temporary or permanent injuries. 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 could help you hold them liable for your damages. A personal injury attorney could get you extra compensation by investigating your accident, showing how the third party’s negligence caused your injuries, and proving that they are liable for your damages.
How Much Does a James Island Workers’ Compensation Lawyer?
When you hire a James Island workers’ compensation attorney from the Thumbs Up Guys, you don’t have to pay anything upfront. 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 can 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.
Talk to someone from our firm to find out how much your workers’ compensation lawyer may cost you. 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 Lawyer in James Island Today
Getting back on your feet can be difficult when you’ve suffered a work-related injury. 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 our team members on call to talk to you at any time of the day.