Knightsville Workers’ Compensation Lawyer

Workplace accidents are all too common, and workers’ compensation claims are rarely straightforward. Unfortunately, many are denied or paid out to victims in insufficient amounts.

If you were injured at work, a Knightsville workers’ compensation lawyer from Miller, Dawson, Sigel & Ward can help you get the benefits you need. We will explain the recovery process in-depth and assist with your claim. Our firm has won millions of dollars for accident victims.

Employers are required by law to offer employees a hazard-free workplace. Therefore, they could be liable for the accident and subsequent damages if they fail to maintain the workspace or keep workers safe. An experienced Knightsville personal injury lawyer can help you secure fair benefits.

Understanding South Carolina Workers’ Compensation Cases

Injured workers are protected by the South Carolina Workers’ Compensation Act. If you are too injured to return to work, you can file an accident claim with your employer’s workers’ comp insurer to get benefits until you recover. Here are more details about how workers’ compensation works in South Carolina.

Unfortunately, employers and their insurers don’t always pay what they should. The insurance company may ask you to jump through hoops or refuse to pay the total amount owed. They might also use stall tactics, hoping you will accept a lowball offer or drop the claim entirely.

If you have difficulty getting your workers’ compensation benefits, consult our team of workers’ compensation lawyers in Knightsville for free. We are locally known as The Thumbs Up Guys because we get positive results.

Why Workers’ Compensation Exists 

Workers’ compensation emerged as a crucial protection for both workers and employers during America’s industrial revolution. Before this system, injured workers often faced financial ruin while trying to prove their employer’s negligence in court. Meanwhile, employers risked devastating lawsuits that could bankrupt their businesses.

Today’s workers’ compensation system provides a streamlined way to handle workplace injuries. It ensures injured workers receive necessary medical care and wage replacement benefits without the need for lengthy court battles. 

This system protects your right to recover from workplace injuries while allowing businesses to operate without fear of costly personal injury lawsuits. The system also encourages workplace safety.

Since employers pay employers’ liability insurance premiums based partly on their safety record, they have a financial incentive to keep workers safe.

Benefits You Can Access Through a Knightsville Workers’ Compensation Attorney

The insurance program is designed to provide medical benefits and replace lost wages for employees who suffer a job-related injury or illness. In essence, it provides financial protection to employees in exchange for relinquishing the right to bring legal action against the employer.

If this is your first workers’ compensation claim, you might not realize how many benefits may be available. Our legal team can help you access several monetary damages.

Medical Treatment

Even with health insurance, you could pay thousands of dollars out of pocket to seek medical care. You can expect workers’ compensation insurance to cover the cost of any reasonable and necessary medical treatment you need. You may be covered for the following:

• Doctor’s visits
  
• Hospital stays
  
• Surgeries
  
• Physical therapy
  
• Prescription medications
  

In South Carolina, your employer can select the doctor to treat your injuries. If you receive medical attention from a physician your employer did not approve, you may jeopardize your benefits. Seek legal support to protect your rights. Our workers’ compensation lawyers in Knightsville can offer guidance during this vulnerable period.

Disability

Depending on the type of accident and injuries you suffered in the workplace, you may be temporarily or permanently disabled. If it is proven that your disability results from a workplace accident, you could be eligible for benefits. However, the types of benefits you receive will depend on the severity of your disability and how it has affected your overall health.

If your disability is temporary, you could win benefits to pay for medical bills and treatment to ensure you fully recover. However, if your disability is permanent, you could win workers’ compensation benefits for a lifetime.

To determine the severity of your disability after a workplace accident, speak to a doctor or medical professional. Once your condition has been analyzed, Knightsville personal injury attorneys will negotiate to ensure you receive the compensation you are owed.

Lost Wages

Workers’ compensation is designed to help employees unable to work due to a job-related injury or illness. Under South Carolina’s laws, eligible workers can receive two-thirds of their average weekly wage, up to a maximum amount set by state law.

An accident can put you out of commission for weeks or months while you heal or attend intensive physical therapy sessions. However, you will still need to make ends meet in the meantime.

So long as your injury is work-related, workers’ compensation should pay for a portion of the missed income you otherwise would have earned.

The amount of lost wages benefits received will depend on the severity of the injury or illness and your prior earnings. These benefits can be paid out for as long as the employee remains unable to work or until they reach maximum medical improvement. Consult a lawyer about how the maximum duration for accessing benefits applies to your case.

Wrongful Death

The U.S. Bureau for Labor Statistics reports 5,190 fatal work injuries for 2021, an 8.9% increase from 2020. If you lost a loved one in a fatal workplace accident, you might be eligible for wrongful death benefits

These benefits are typically two-thirds of the decedent’s weekly average salary. Depending on the circumstances surrounding your wrongful death claim, you may also be reimbursed for burial expenses up to $12,000.

Who Is Eligible for Workers’ Compensation in South Carolina? 

In South Carolina, most employees are eligible for workers’ compensation benefits from their first day on the job. Companies with four or more employees, whether full-time or part-time, must provide workers’ compensation coverage. This requirement applies to both regular employees and seasonal workers.

However, certain workers may not be eligible for coverage. These typically include:

• Independent contractors
  
• Federal employees (covered under federal programs)
  
• Agricultural workers
  
• Railroad workers
  
• Casual employees
  
• Some real estate agents working solely on commission

Immigration status does not affect your eligibility for workers’ compensation benefits in South Carolina. If you’re injured on the job, you have the right to file a claim regardless of your citizenship status.

Understanding the No-Fault System in Workers’ Compensation 

South Carolina’s workers’ compensation system operates on a no-fault basis, which means you can receive benefits regardless of who caused your workplace accident. Even if you made a mistake that contributed to your injury, you are still eligible for workers’ compensation benefits.

This no-fault system protects both employees and employers. You don’t have to prove your employer was negligent to receive benefits, and your employer is protected from most lawsuits related to workplace injuries. However, there are rare exceptions where you can sue your employer.

The focus is on getting you the medical treatment and wage benefits you need, not on determining who was at fault. However, there are a few exceptions to this no-fault coverage. You may not be eligible for benefits if your injury was:

• Self-inflicted
  
• Caused by illegal drug or alcohol use
  
• The result of violating clear company safety policies
  
• Not related to your work duties

How Long do You Have to Report a Work Injury?

In South Carolina, you are required to report a work-related injury to your employer as soon as possible but no later than 90 days after the accident occurs. Failing to do so can result in denying your workers’ compensation claim.

Be sure to talk to someone in a supervisory role (supervisor, manager, nurse) about the accident. Reporting to a colleague might not be considered valid notice of a work accident.

Do not hesitate to report the incident promptly, even if it doesn’t seem serious initially, as some injuries can worsen over time and require more extensive medical treatment.

Also, if you don’t take immediate action, your employer could argue that the injury didn’t happen at work, making it more difficult to receive compensation.

Psychological Injuries Under South Carolina’s Workers’ Compensation

In South Carolina, employees may access benefits for psychological conditions unaccompanied by physical injuries. Mental health conditions can be as debilitating as physical injuries and require ongoing treatment and therapy.

Psychological conditions that may qualify for mental health benefits include:

• Anxiety
  
• Depression
  
• Acute stress disorder
  
• Post-traumatic stress disorder (PTSD)

South Carolina’s workers’ compensation system has strict requirements for establishing a mental health injury as job-related. Therefore, seek legal guidance from an experienced attorney to help you navigate the complex process of filing a claim for mental health benefits.

What Is the Average Knightsville Workers’ Compensation Claim Worth?

Because every injury is different, each claim warrants a personalized approach. Depending on the circumstances surrounding your accident claim, claims may range from $2,000 to $40,000. A Knightsville workers’ compensation attorney will evaluate your claim to estimate what your case might be worth.

Until you speak to a lawyer, it will be challenging to determine if you have a claim and how much it could be worth. A workers’ compensation attorney in Knightsville will calculate your damages and estimate your payout after a successful claim.

However, it is essential to remember that not everyone will have a valid claim, and the results of each case will vary. Because there is no average settlement amount for workers’ compensation claims, the amount you could potentially win will be based on your accident, subsequent damages, injuries, and long-term health effects.

Types of Workers’ Compensation Accident Claims We Represent in Knightsville

No one starts their day at work expecting to be severely hurt. However, accidents are more likely when employers fail to offer a safe working environment. We understand that it is not always your fault when you are hurt. 

Many factors can lead to a workplace accident. However, our workers’ compensation lawyers are well-equipped to handle your claim and help you obtain the necessary benefits to care for yourself and your loved ones.

We represent various types of workers’ compensation claims in Knightsville, including but not limited to the following:

• Traumatic brain injuries
  
• Spinal cord injuries
  
• Temporary or permanent disability
  
• Hazardous workspaces
  
• Faulty equipment
  
• Poorly maintained work conditions
  
• Fallen items
  
• Open chemicals or toxic waste

Is It Worth Hiring a Knightsville Workers’ Compensation Lawyer for My Claim?

After you are injured in the workplace, you may wonder if hiring a lawyer will benefit your claim. Hiring a workers’ compensation attorney in Knightsville will improve your chances of winning a settlement and the benefits you need to care for yourself and your family until you can return to work.

You might successfully file an injury claim independently, but you should at least let an attorney review your case. This way, you will know you are getting paid the full compensation your case warrants. Our law firm helps you by:

• Answering your questions
  
• Explaining your legal rights
  
• Collecting and organizing evidence to support your case
  
• Consulting with doctors and expert witnesses
  
• Investigating the accident scene
  
• Interview witnesses to prove your claim
  
• Calculating your damages related to your job site accident
  
• Filing your accident claim within the statute of limitations
  
• Negotiating with insurance companies on your behalf
  

Workers’ compensation claims can be confusing, especially if this is the first time you have been injured. Don’t risk missing out on any benefits you deserve. Your lawyer will consider your best interests and ensure you are treated fairly.

Appealing a Workers’ Compensation Denial in South Carolina 

If your workers’ compensation claim has been denied, you have the right to appeal the decision. The appeals process in South Carolina involves multiple steps, and having legal representation can significantly improve your chances of success.

The first step is to request a hearing before a South Carolina Workers’ Compensation Commission Commissioner. You or your lawyer must file Form 50 to request the hearing. This hearing gives you the opportunity to present evidence supporting your claim and explain why you believe the denial was incorrect.

If you disagree with the Commissioner’s decision, you can appeal to the Full Commission. Should the Full Commission’s ruling not be in your favor, you may further appeal to the South Carolina Court of Appeals and, ultimately, to the South Carolina Supreme Court.

Can I Afford to Hire a Workers’ Compensation Lawyer?

After you’re injured at work, life will look very different until you are fully healed. While you receive treatment for your injuries, you may be unable to work temporarily or permanently.

Depending on your accident’s circumstances, you might struggle to pay your bills or make ends meet because of costly recurrent out-of-pocket expenses resulting from your injury.

If this is your situation, we understand that debt or financial strain can easily happen when you no longer receive a consistent income. For this reason, we offer to help personal injury victims and their families on a contingency fee basis, meaning we will not charge you until we have won your workers’ compensation accident claim.

Call Our Knightsville Workers’ Compensation Claim Attorneys

Are you dealing with a workers’ compensation issue? At Miller, Dawson, Sigal & Ward, we will help you access your benefits to continue your life after a workplace injury. We understand how overwhelming the recovery process can be and are here to make the process easier.

Contact us to speak with a workers’ compensation lawyer in Knightsville today. The consultation is free, and we work on a contingency, so you don’t have to worry about upfront fees.

We can help you start your workers’ compensation claim so you get the benefits you need after an on-the-job accident.