When you have suffered a severe workplace injury, recovering financial compensation can be essential 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 straightforward as intended, the insurance company may attempt to complicate things. If your claim gets denied, hiring a West Ashely workers’ compensation lawyer from MDSW Legal may be essential to getting the money you need and deserve.
Call us or complete our online contact form to start seeking damages.
What Are Workers’ Compensation Benefits in West Ashley
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 significant. 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 you lost a loved one in a workplace accident, you might 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.
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, calling a workers’ compensation attorney becomes essential when a claim gets denied. Your lawyer will appeal the insurance company’s decision and fight to bring you the money you need.
While most people don’t hire a lawyer before their initial filing, doing so can help ensure that your claim is accepted the first time. 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 West Ashely workers’ compensation lawyer right from the start, they will know they won’t 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 any third parties 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, a workers’ compensation attorney in West Ashely, SC, can help you throughout the process.
Differences Between a Workers’ Compensation Claim and a Personal Injury Lawsuit
Many differences exist 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 relatively quickly. On the other hand, filing a personal injury lawsuit is a complex and contentious process; as a result, it can often take years for a lawsuit to wrap up completely.
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 often comprise most of the compensation received in a personal injury lawsuit. Find out more with a West Ashely workers’ compensation lawyer.
A Workers’ Compensation Attorney Can Help You File a Lawsuit
In most workplace injuries, you will not have the option to file a lawsuit. Most businesses are required to carry workers’ compensation insurance. You must pursue compensation through this system if your employer has this insurance.
However, there are exceptions to this rule. For example, if your injuries resulted from a deliberate act on the part of your employer, you could 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.
Examples of Third-Pary Lawsuits for a Job Site Accident
You also have the option of filing a lawsuit when a third party is responsible for your injury. For example, when a defective tool is the cause of your accident, you can sue the manufacturer of the instrument. Likewise, 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.
Discuss your eligibility to file a lawsuit with a West Ashely workers’ compensation attorney.
How Long Do You Have to File a Workers’ Comp Claim in West Ashley?
South Carolina uses a two-year statute of limitations for most workers’ compensation claims. Therefore, you may have several years to move forward with your case. However, the Commission usually reacts better if you file a claim immediately after your accident.
Waiting could give the Commission grounds to claim that an incident outside of work resulted in your injury. Find out more by working with a worker’s compensation lawyer in West Ashely, SC.
What Do Workers’ Comp Lawyers in West Ashely Charge?
West Ashely workers’ compensation lawyers do not all charge the same rates for their services. However, most firms take on these claims on a contingency basis. This practice means you only pay legal fees once they resolve your workers’ comp claim.
After resolving your case, your lawyer receives a percentage of your final monetary award. We’re happy to discuss our rates when you contact us for a risk-free consultation.
How Do You Choose the Right Workers’ Comp Attorney in West Ashely?
Picking the right law firm to handle your workers’ comp claim in West Ashley can impact your future. The professionals generally recommend that you select a firm that has the following:
- Experience handling workers’ comp cases
- The resources to take on all aspects of your case
- Solid communication and a willingness to answer your questions
Our team understands the workers’ comp system, and we stand behind our experience helping clients in your situation. Recently, we helped clients secure $187,000 for foot surgery and $125,000 for a neck injury for on-the-job injuries.
Your West Ashely workers’ compensation lawyer can apply proven strategies to handling your claim, helping you seek damages to cover all your losses.
The Benefits of Workers’ Compensation Insurance
Workers’ compensation offers benefits to employees and businesses alike. For example, employees benefit from a streamlined claims process that helps get them money quickly after an accident without jumping through too many hoops.
Meanwhile, employers benefit by being protected from potential lawsuits to which they would be subject without this insurance. For example, personal injury lawsuits from injured employees 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 yearly, protecting an already strained system from further assault.
How to Protect Yourself After a Workplace Accident
You must take specific actions 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. You must report any workplace injury to your employer within 90 days of the incident. Failing to do so will likely void your right to claim compensation. A West Ashely workers’ compensation lawyer can ensure your claim gets 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 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 see an employer-approved physician. However, you can also seek a second opinion from an outside doctor.
Of course, the ambulance will simply take you to the nearest hospital if it is an emergency. 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.
While you focus on your recovery, a West Ashley workers’ comp attorney can handle your legal needs.
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. Give us a call or fill out our online contact form today to schedule a free case evaluation.
A West Ashely workers’ compensation lawyer 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.