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.
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. While employers may also attempt to reject your workers’ compensation claim, an experienced lawyer can help you secure fair benefits.
If you were injured at work, a Knightsville workers’ compensation attorney 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 law firm will stand up for your rights.
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 and receive up to two-thirds of your average weekly income without the risk of retaliation.
Unfortunately, employers are not always agreeable. 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.
What does Workers’ Compensation Cover?
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.
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
- 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 offer guidance during this vulnerable period.
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.
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.
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.
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 which may qualify for mental health benefits include:
- 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 to happen when employers fail to offer a safe or hazard-free environment. We understand that it is not always your fault when you are hurt. We consider the negligent behavior of employers and how their wrongful actions could have placed you in harm’s way.
Many factors can lead to a workplace accident. However, our top-rated 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.
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
At Miller, Dawson, Sigal & Ward, we will help you navigate the complex laws governing workers’ compensation claims to access maximum benefits. 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.