When you have suffered a serious workplace injury, recovering financial compensation can be an essential step in getting your life back on track. Fortunately, workers’ compensation offers injured workers a relatively straightforward way of doing just that.
While many workers’ compensation cases are easy and straightforward as they are meant to be, the insurance company may attempt to complicate things. If your claim gets denied, hiring a workers’ compensation lawyer in West Ashley from MDSW Legal may be an essential step to getting the money you need and deserve.
The Benefits of Workers’ Compensation Insurance
Workers’ compensation offers benefits to employees and businesses alike. Employees benefit from a streamlined claims process that helps get them money quickly after an accident without having to jump through too many hoops.
Meanwhile, employers benefit by being protected from potential lawsuits to which they would be subject without this insurance. Personal injury lawsuits from individuals injured on the job could easily bankrupt a small company. Meanwhile, a large business could be facing a constant string of legal action without the protection offered by workers’ compensation insurance.
Another benefactor of this system is the courts. Workers’ compensation prevents countless personal injury lawsuits from being brought before the courts every year, protecting an already strained system from further assault.
How to Protect Yourself After a Workplace Accident
Certain actions must be taken after a workplace accident to protect your rights to workers’ compensation benefits. South Carolina has a two-year statute of limitations under SC Code § 42-15-40 for filing a workers’ compensation claim.
However, you must take other steps in the meantime. Any workplace injury must be reported to your employer within 90 days of the incident. Failing to do so will likely void your right to claim compensation. A West Ashley workers’ compensation attorney can ensure your claim is filed on time.
Always report a workplace injury to your supervisor as soon as possible. Telling them face to face about your injury will satisfy this requirement. However, it is always best to inform them by email as well so that you have proof that you fulfilled your responsibility.
Seek Medical Attention As Soon As Possible – No Matter What
You also need to seek medical attention as soon as possible. Your employer will provide you with a list of doctors you can visit for this purpose. You must visit an employer-approved physician. However, you can also seek a second opinion from an outside doctor.
Of course, if it is an emergency, the ambulance will simply take you to the nearest hospital. Your employer will guide you through any other steps that need to be taken and file the claim with the company’s insurance on your behalf.
A Workers’ Compensation Attorney Can Help You File a Lawsuit
In most cases of workplace injuries, you will not have the option to file a lawsuit. Most businesses are required to carry workers’ compensation insurance. If your employer has this insurance, you must pursue compensation through this system.
However, there are exceptions to this rule. If your injuries resulted from a deliberate act on the part of your employer, you can file a lawsuit. An example would be if your boss pushed or struck you and caused you harm. In this case, workers’ compensation would not protect your employer, and you could pursue a lawsuit against them to recover the necessary damages.
You also have the option of filing a lawsuit when a third party was responsible for your injury. When a defective tool is the cause of your accident, you can sue the manufacturer of the tool. If working at a site not owned by your employer and an accident occurs because of a fault on the property, you can sue the property owner.
How a West Ashley Workers’ Compensation Lawyer Can Help After an Accident
A workers’ compensation attorney can help get you the money you need after an accident. In most cases, people do not hire an experienced attorney before filing their initial claim. However, when a claim gets denied, calling a workers’ compensation attorney becomes essential. Your lawyer will appeal the decision of the insurance company and fight to get you the money you need.
While most people don’t hire a lawyer before their initial filing, doing so can help to ensure that your claim is accepted the first time around. Insurance companies hate to pay out claims and are always looking for any reason to reject them. However, they also know when to cut their losses.
If you hire a workers’ compensation lawyer in West Ashley right from the start, they will know that they won’t be able to get away with denying a valid claim. Rather than waste time and money fighting you in appeals, they will likely pay out your claim from the start.
Finding Third Parties Who May Be Responsible
A workers’ compensation lawyer can also help identify if there are any third parties that were responsible for your injury and advise you about whether or not you should pursue a lawsuit against these liable parties instead. If you choose to pursue a lawsuit, your attorney can help you throughout the process.
Workers’ Compensation Benefits
A workers’ compensation claim can help you cover many of the expenses associated with a workplace injury. Depending on the specifics of your case, you may be able to claim benefits to cover many costs, including:
- Lost wages
- Medical transportation
- Prescription drugs
- Medical supplies
- Prosthetic devices
- Disability benefits
- Job training programs
A skilled workers’ compensation lawyer in West Ashley will work with you to calculate the extent of your damages and determine how much your workers’ compensation case is worth.
The money you can recover can help diminish the impact of your workplace injury. Disability benefits can be particularly important. These can help you continue to cover your expenses in the case of a long-term injury that prevents you from returning to work. Disability benefits can either be temporary or permanent, depending on your injury.
If a loved one was killed in a workplace accident, you may be able to recover workers’ compensation benefits to help with the financial burden. These benefits can include costs related to medical care before their death, funeral costs, and the loss of household income.
Differences Between a Workers’ Compensation Claim and a Personal Injury Lawsuit
There are many differences between a workers’ compensation claim and a personal injury lawsuit. One of the main ones is in how you file the two.
Filing a workers’ compensation claim is straightforward and done in concert with your employer. In most cases, the claim is filed and resolved fairly quickly. Filing a personal injury lawsuit, on the other hand, is a complex and contentious process. It can often take years for a lawsuit to be fully resolved.
Another big difference is the damages you can claim. In a personal injury lawsuit, you can recover all the same damages as in a workers’ compensation claim. However, you can also receive non-economic damages, including:
- Pain and suffering
- Mental anguish
- Diminished quality of life
Non-economic damages can often make up the bulk of the compensation received in a personal injury lawsuit.
Our Workers’ Compensation Attorneys in West Ashley Have a Proven Track Record
At Miller, Dawson, Sigal & Ward, we have fought countless battles for workers injured on the job. We know what it takes to stop insurance companies from taking advantage of injured workers. We will work to get our clients the money they deserve. To schedule a free case evaluation, give us a call or fill out our online contact form today.
One of our West Ashley workers’ compensation attorneys at the Thumbs Up Guys will review your case and answer any questions you may have. We will advise you on your options going forward, with no obligation to retain our services. We believe that all accident victims deserve the right to experienced legal counsel.