Workplace injuries aren’t just painful—they’re expensive. An injury can keep you off the job for a long time and put significant financial pressure on you and your family. If you’re wondering how you’ll make ends meet while you recover, talk with a Ladson workers’ compensation lawyer at MDSW Legal.
You have a right to workers’ compensation, but getting your claim through the system takes time. They could also undervalue your injuries. By hiring one of our trusted advocates, you’ll have someone on your side to help you with your claim or appeal and avoid mistakes that could lower your compensation.
Call us or fill out our online contact form to get started.
How Does Workers’ Comp Work in Ladson?
Workers’ compensation is a replacement for suing your employer in court. Instead of suing, employers must carry insurance to cover the costs of workplace accidents. Unlike other personal injury claims, you don’t have to prove fault.
Sometimes, you can sue your employer directly for an injury. That opportunity is open to you if they intentionally did so or committed gross misconduct or negligence. Also, if they do not carry the required insurance, you may then sue.
You will have to see a doctor your employer selects unless there is a medical emergency. With that diagnosis, you can make a claim to the insurer for payment using a Form 50. You or your lawyer can fill this form out.
When Should You Hire a Ladson Workers Comp Lawyer?
In most cases, we strongly recommend reaching out to a Ladson workers’ compensation lawyer immediately after your on-the-job accident. However, we understand that you may require medical care before contacting our team for support.
Getting help immediately allows your lawyer to provide advice and guidance as you file your workers’ comp claim. Your lawyer may also determine if you’re legally eligible to file a lawsuit after your accident.
What Compensation Can You Get with a Workers’ Comp Claim in Ladson?
A workers’ compensation attorney in Ladson, SC, can help you seek funds to cover your medical expenses and lost wages at work. In many cases, the workers’ comp system covers the following:
- Emergency medical care
- Time spent in a hospital
- Physical therapy
Note that the workers’ comp system does not cover the total amount of your average wages. Instead, you receive a percentage of your average weekly wages while drawing workers’ comp benefits in Ladson.
Find out more about your possible compensation with help from a Ladson workers’ compensation lawyer.
How Does a Workers’ Compensation Lawyer in Ladson Handle Your Claim?
Workers rarely know the best way to frame their claims to make the insurers and the Workers’ Compensation Commission listen to what they have to say. Fortunately, you can hire a lawyer to file your claim correctly.
A lawyer is invaluable should your claim get denied and you have to face a hearing. You can be sure that the insurer will have lawyers on their side arguing against the claims you made. We act as your legal shield and sword to fight for your version of events.
Finally, should your case be denied or less than you need, we can fight for you through the appeals process. Also, by hiring a workers’ comp lawyer in Ladson, SC, you can focus on recovery from your injuries while a skilled attorney handles your legal situation.
Can a Ladson Workers’ Comp Lawyer Appeal Denied Claims?
You have 14 days after a denial to decide if you want to appeal. Your Ladson workers’ compensation lawyer can help you with that decision. If you choose to go ahead, or if the other side insists on an appeal, you’ll have another hearing with the full Workers’ Compensation Commission except for the one who heard your case.
After that, the appeal process can continue to the Circuit Court and the South Carolina Supreme Court. However, most cases end after the first appeal. By that point, there is plenty of evidence and opinion about the situation.
Going higher is usually because of a situation new to the law or where the courts must hammer out some subtle nuances. These cases help transform the system and make it better for future claimants.
Can You Sue Your Employer in Ladson, SC?
Generally, a workers’ compensation attorney in Ladson, SC, cannot help you file a lawsuit against your employer. The state expects you to seek damages through the worker’s comp system instead.
However, you may have a chance to file a lawsuit if a third party caused your injuries due to an act of negligence. Our team can assess the situation to determine if you qualify to file a lawsuit following a jobsite accident.
What Are Your Responsibilities After a Worker’s Comp Accident?
There are several responsibilities you must perform to claim compensation under South Carolina’s workers’ compensation system. These include:
- Immediately reporting your injury to a supervisor or HR
- Seeing the doctor assigned by your employer (you can request that the employer be responsible for the appropriate medical treatment or see your doctor for a second opinion, but workers’ comp may not cover that cost)
- Filing your Form 50 promptly and with complete and accurate information
- Following all the instructions your doctor gives you for your medical care
The insurance company will reply to your claim with a Form 51. They may admit you have a claim or deny it. If they deny your claim, the case goes to the Workers’ Compensation Commission for investigation, and the Commission schedules a hearing where you can present your case.
The commissioner responsible for your case will make a ruling and assign compensation to you. If either side is unhappy with the result, they can make appeals. You have 14 days to appeal after the initial decision. Learn more about the time limits with a Ladson workers’ compensation lawyer.
How Much Do Workers’ Comp Lawyers Charge in Ladson?
Many workers’ comp lawyers in Ladson, SC, work on a contingency basis, meaning they receive a percentage of your final financial award after they resolve your case. As a result, firms charge different rates for their services based on their experience and size.
You can contact us today to discuss our fees for workers’ comp claims in Ladson.
Get Representation for Your Claim Now
Until you’ve had a workers’ compensation lawyer look over your claim, you don’t know if you may be leaving money on the table. So you should take full advantage of the system to cover all your costs, not just the ones you know about or the ones the insurer thinks you need.
To speak with our Ladson workers’ compensation lawyers at Miller, Dawson, Sigal & Ward, call us or use our contact form to schedule an appointment. Your consultation is free and without obligation.
Remember, you have a limited time to file your claim after you’ve reported it to your employer. So call or contact us online so you don’t miss your opportunity.