Workers’ compensation cases aren’t always cut and dry. In fact, if your employer and insurance company are reluctant to provide the total amount of compensation you’re owed, the process could be incredibly difficult. Fortunately, a Summerville workers compensation lawyer can help you obtain a fair settlement.
The Thumbs Up Guys from Miller, Dawson, Sigal & Ward Injury Attorneys have the experience you need to come out on top after a workplace injury. Our Summerville personal injury lawyer can investigate your accident, construct a solid insurance claim, and fight until insurers agree to a fair settlement offer.
Understanding South Carolina Workers Compensation Claims
The South Carolina Workers’ Compensation Act gives you the power to file a claim for workers’ compensation with no retaliation or risk. Under the act, you have the right to pursue financial compensation for any injuries sustained on the job.
Though you have the right to seek workers’ compensation benefits, your employer may not always be cooperative and could even try to impede your claim. You’ll also have to deal with the insurance companies, which are almost always hesitant to offer full compensation to honest claimants.
A Summerville Workers Compensation Lawyer Can Deal With Insurance Companies
At the end of the day, insurance companies are businesses just like your employer. They’ll always prioritize their bottom line and look for ways to reduce the amount of money they have to pay you.
They’ll likely try to utilize stall tactics and other methods to try and get you to settle for less, as they know that the longer you sit waiting on your settlement, the more financial hardship you’ll face and the more likely you’ll be to accept a lowball offer.
The good news is that our Summerville workers’ compensation lawyer can counter dishonest insurance tactics and fight for the fair payment you deserve. Our team can handle all communications and negotiations with the insurance provider, so you can focus on your physical recovery.
What Can Workers Compensation Cover for Me?
If you’ve sustained injuries in a workplace accident, you could be dealing with expensive medical bills, missed paychecks, and even a debilitating condition that could make it hard for you to return to work in the future.
Our firm is committed to getting you the compensation you need to take care of the physical, financial, and employment-related aspects of your accident. That’s why we’ll fight to protect your right to collect the following benefits:
One of the primary things workers’ compensation aims to cover for injured employees is their medical expenses. If your claim is successful, you should be able to cover all of your medical expenses at minimal to no cost.
While treatment for minor injuries may not be that expensive, you could face thousands of dollars in medical bills if you were seriously hurt. As an employee that got injured on the job, you shouldn’t have to pay for any of those costs out of your own pocket.
If you’ve been left with a disability after a workplace accident, you’re probably worried about how you’ll get the financial support you need to stay afloat. Fortunately, a Summerville workers’ compensation lawyer from our team can demand workers’ compensation disability benefits on your behalf.
The type of disability benefits you’re eligible to recover depends on the extent of your condition. You could receive one of the following:
- Partial disability
- Total disability
- Permanent disability
- Temporary disability
Title 42 of the Official Code of South Carolina offers a definitive breakdown of how your benefits get calculated. That said, our workers’ compensation lawyers in Summerville can do the math for you and determine exactly how much your disability damages are worth. We will ensure that the correct amount gets factored into your settlement total.
Missing out on work can cause a lot of financial strain. Bills don’t stop coming in just because you got injured on the job. To help you make ends meet, we can make sure the insurance company pays you for any wages you’re missing out on due to your injury.
You can receive wrongful death benefits if you have lost a loved one due to a workplace accident. These benefits get paid out to family members over a set period of time. The rate is typically 66% or ⅔ of the deceased’s weekly salary. A wrongful death lawyer from MDSW can assess your situation and help you get the best possible settlement.
Can I File a Claim for Pain and Suffering?
Unfortunately, workers’ compensation claims don’t cover pain and suffering. There are, however, some ways around this rule that can allow you to recover compensation for short-term and chronic pain.
Not all workplace injury cases can qualify, but if yours does, our Summerville workers compensation lawyers won’t stop until you get the payment you need to cope with your suffering.
How Much Are Worker’ Compensation Settlements Worth?
It’s impossible to tell how much your specific case is worth until you schedule a free case review with one of our workers’ compensation lawyers in Summerville. Generally, workers’ compensation claims can range anywhere from $5,000 to $100,000, depending on the severity of the injuries. Claims can go even higher when catastrophic injuries are involved.
A Summerville workers compensation lawyer from our team can assess your case, the financial losses you’ve suffered, and the other challenges you’ve endured due to the incident. Then, they’ll calculate how much you should receive from your case using the information they gather.
Pursuing a Personal Injury Lawsuit After a Workplace Accident
Unfortunately, some workers’ compensation claims don’t go as planned. For example, if the insurer denies your claim or if your damages exceed policy limits, you may have to seek financial remedies from another source.
Luckily, our attorneys always think on their feet and are ready to pivot to another plan whenever an obstacle arises. If your insurance claim doesn’t yield the compensation you need to get back on your feet, we’ll seek damages by:
Taking Action Against a Third Party
Sometimes, it may be appropriate for our Summerville workers’ compensation lawyers to take action against a third party. A third-party action can be taken against a contractor or another individual who has no association with your company but contributed to or caused the incident you were injured in.
For example, if your job involves driving to different work sites and you collide with another motorist while on the clock, we may be able to file a lawsuit against that driver. If you were injured in an accident that occurred on a third party’s property, we might be able to hold the property owner liable for negligence.
Filing a Lawsuit Against Your Employer
There are a number of reasons why you might sue your employer after a workplace injury. Our team can help you take action against your employer if they:
- Do not carry workers’ compensation insurance or allowed their insurance to lapse
- Intentionally caused your injury
- Displayed gross negligence by putting you in a dangerous situation or failing to provide safety equipment
- Denied you the benefits you’re entitled to
Damages You Could Receive from a Lawsuit
Personal injury lawsuits can give you access to more comprehensive damages than a workers’ compensation claim. Our Summerville lawyers can pursue any of the following damages via a civil suit:
- Current, ongoing, and future medical expenses
- Cost of prescription medication, assistive medical devices, and physical therapy
- Emergency medical expenses, such as ambulance and hospital fees
- Property damage expenses
- Lost wages
- Decreased earning ability
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
Whether you’re taking legal action against your employer or a third party, our team will do everything they can to hold the guilty individual or entity liable for the financial challenges, pain, and heartache you’ve had to deal with.
How Long You Have to File a Civil Suit
If you’re pursuing damages from your employer or another party after an on-the-job accident, you’ll have to comply with South Carolina’s statute of limitations for personal injury lawsuits.
According to the statute, which can be read in South Carolina Code of Laws § 15-3-530, you have three years from the date of your accident to submit a lawsuit. Waiting too long to get in touch with an attorney and explore your legal options could prevent you from getting your suit filed on time in the event that an insurance claim isn’t effective.
When your right to wage replacement, compensation for medical bills, and other damages is on the line, you’ll want to act fast and ensure your case complies with state law. Reach out to a skilled attorney from our firm today to make sure you’re not denied compensation due to a technicality.
Statute of Limitations for Wrongful Death Suits
If a lawyer advises you to seek damages via a lawsuit for a loved one’s fatal workplace injury, you’ll have to adhere to the state’s filing deadline. Under S.C. Code § 15-51-10, you have three years from the date of your family member’s death to file a lawsuit.
Taking legal action after the tragic and unexpected loss of a loved one can be difficult, but our team of wrongful death attorneys can simplify the process and offer the compassionate legal counsel you need to make it through this hard time.
Is It Worth Hiring a Summerville Workers Compensation Lawyer?
It is definitely worth hiring a lawyer to help you with your workers’ compensation claim. Even making one of the most common claim mistakes can hurt your chances of getting your entitled compensation. Our Summerville workers’ compensation lawyers can help you avoid errors and provide the following services:
- Investigate your workplace accident
- Build a strong case for your claim by organizing evidence and obtaining witness testimonies
- Communicate with your employer, the insurer, and other relevant parties
- Calculate the amount of compensation you’re owed
- Meet state deadlines and filing requirements
- Represent you in court
- Explore every avenue of compensation and build a strategy that’s tailored to your needs
- Keep you updated on their progress
- Offer clear answers to any questions you have about your case
- Represent you on a contingency fee basis
No Fee Unless We Win Your Case
Miller, Dawson, Sigal & Ward Injury Attorneys understand how financially devastating a workplace accident can be for you and your family. That’s why our team doesn’t charge traditional upfront or out-of-pocket attorney’s fees.
Instead, we represent all of our clients on a contingency fee basis. That means we’ll take a fair percentage of the settlement or court-awarded compensation you receive from your case. If we don’t win your case, there won’t be any fees!
We’ll gladly discuss our percentage during your free consultation and answer any questions you have about our payment policy.
Get Assistance With Your Workers’ Compensation Claim Today
Workers report serious and life-altering injuries to their employers nearly every day. Unfortunately, not all of them get to settle for compensation that reflects the damages they sustain. If you want to get the settlement you deserve, you need a skilled Summerville workers’ compensation lawyer in your corner.
Contact Miller, Dawson, Sigal & Ward Injury Attorneys today to schedule a free consultation and get the experienced advocacy you need to persevere after a serious workplace injury. Our team can combat stubborn employers, go up against dishonest insurers, and even file a lawsuit to protect your right to damages.