A workplace injury can be quite serious and may keep you away from the job for an extended period of time. This absence can lead to mounting financial pressure. If you are worried about staying afloat while you recover, workers’ compensation lawyers in North Charleston, SC can help you.
While healing from a workplace injury is often a lengthy process, the road to financial recovery is often longer. Fortunately, you do not have to go down that road alone. We will be the trusted advocates you can turn to throughout every stage of your claim or appeal, and we will help you avoid mistakes that can affect your compensation.
Schedule Your Free Consultation Today
At Miller, Dawson, Sigal & Ward Injury Attorneys, we believe everyone deserves to have top-of-the-line legal counsel. Because of this belief, we offer free, no-obligation consultations to anyone who has suffered a workplace injury.
Free consultations allow potential clients to have their cases evaluated by a team of experienced workers’ comp attorneys. Our free consultations, paired with our contingency fee-based pricing, assure that any accident victim can afford to have a qualified legal team on your side.
Do I Need a South Carolina Workers’ Compensation Attorney?
If you have suffered an injury in a workplace accident, you have the legal right to get fair compensation for your injury. Unfortunately, there are many valid workers’ comp claims that get denied. Hiring an experienced workers’ comp attorney can help to secure compensation to cover your costs.
A North Charleston workers’ compensation lawyer knows how the insurance companies function and can help negotiate a settlement on your behalf. Going up against a big insurance company on your own is a risky move that can result in an undervalued settlement or complete denial of your claim.
How Much Does It Cost to Hire a Workers’ Comp Lawyer?
The good news for anyone suffering from a workplace injury is that hiring legal help is risk-free. The majority of personal injury lawyers work on a contingency fee basis. That means that hiring us will not cost you any money out of pocket, because we do not get paid unless you get compensation.
During your initial consultation, your attorney will explain the percentage of the money you get that will be paid to them if you do receive payment. In most cases, accident victims go home with a higher amount of money after paying their lawyer than they would have received if they represented themselves.
Filing for Workers’ Comp in North Charleston, South Carolina
The last thing that you want to have to worry about when recovering from an injury is how you are going to pay your bills. Hiring a workers’ compensation attorney can give you the confidence that your financial situation is in good hands. This knowledge can help you to relax and focus on your recovery.
A workers’ comp attorney will help to make sure all of your paperwork is filed correctly and on time. If your claim gets denied, your workers’ comp lawyer can help appeal that decision and fight for your rights in a hearing.
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Can I Sue My Employer?
In most situations, you can not sue your employer for an injury. However, there are exceptions. Workers’ compensation insurance exists to keep workplace accident lawsuits from clogging up the courts. Workers comp is meant to be a quick way to resolve work injury claims. That is why employers are required by law to carry this insurance in 49 states.
You may be able to file a lawsuit against your employer if you are injured at work and you can prove any of the following conditions:
- Your employer doesn’t carry workers comp insurance (in states that require it).
- Your employer intentionally harmed you.
- Your employer is guilty of gross negligence.
Workers’ compensation does not cover non-economic damages like pain and suffering, so a lawsuit has the potential to yield a higher payout. A workers’ comp lawyer can advise you on whether your case meets the requirements for filing a lawsuit and what option is best for you.
How Long Do I Have to File a Workers’ Comp Claim?
In South Carolina, you must report your workplace injury to your employer within 90 days. You must also file the claim with the state workers’ compensation agency within two years. In some cases, your employer will take care of the second step for you.
Both with reporting the injury to your employer and filing the claim with the state, the sooner you take care of it, the better. Your case is always strongest when the incident is fresh. Witness memory tends to fade over time, and evidence can become corrupted.
What Damages Are Covered in a Workers’ Comp Claim?
The damages that can be recovered from a workers’ comp claim are limited. You can not recover compensation for non-economic damages like pain and suffering or mental anguish. Some of the damages that may be covered by workers’ comp, include:
- Medical expenses
- Future medical costs
- Lost wages
- Lost earning capacity
- Survivor’s benefits
What Are Workers’ Comp Survivor’s Benefits?
When a workplace accident results in a death, the family of the worker is entitled to compensation. Survivor’s benefits provide financial relief to those who have lost a loved one. If your loved one died in a workplace accident, you may be able to collect benefits.
These benefits can often be essential if the loved one was the primary earner for the family. The payouts tend to be significant in these cases in order to cover for the future lost earnings of the deceased.