Being injured on the job can be extremely stressful. The workers’ compensation insurance carrier may treat you like the bad guy for getting injured, but you have the right to fair compensation, no matter what they say or how they make you feel.
If you’re facing a workplace injury and going up against an insurance company, our attorneys are here to level the playing field. With our help, you’ll have the best chance of receiving the compensation that you deserve. Call (864) 343-2222 to contact a Greenville workers compensation lawyer with Smith Jordan Attorneys at Law and learn about how we can help.
Traditionally, when a person gets injured due to another party’s negligence, they would file a personal injury claim to seek compensation for their losses. However, applying these rules to the workplace can be messy.
Workplace injuries are incredibly common, and the possibility of a lawsuit would leave employers exposed to significant liability. Personal injury lawsuits are also notoriously difficult to navigate, so receiving compensation in this manner would be out of reach for many injured workers.
To protect employees and employers alike against these challenges, each state implements a system of insurance called workers’ compensation. Workers’ compensation is designed to provide injured workers with guaranteed compensation after a work-related injury, regardless of who was at fault for the incident.
Workers’ compensation bars employees from filing personal injury claims against their employers and gives them a straightforward way to cover their losses. Instead of filing a claim against the employer, covered employees must file a claim with the workers’ compensation insurance carrier, which pays out benefits.
South Carolina law entitles injured employees to receive a variety of benefits under the state’s workers’ compensation system. This may include medical expenses, temporary coverage of lost wages during the recovery period, and permanent disability benefits for long-term injuries.
The exact amount and type of workers’ compensation benefits you may receive depends on factors like your average wages before the injury, the severity of the injury, and whether you’re able to work.
Workers’ compensation in South Carolina is no-fault, meaning that you don’t need to prove fault or negligence on the part of your employer. To qualify for benefits, you generally need to prove that the injury or illness was caused by your job duties and occurred while you were on the clock.
Additionally, you must be an employee of an employer that carries workers’ compensation insurance. The word “employee” is key here — independent contractors and self-employed individuals aren’t usually eligible for workers’ comp benefits in South Carolina.
Workers’ compensation in South Carolina is regulated under the state’s Workers’ Compensation Act. This law states that an employee who suffers an accidental injury “arising out of and in the course of employment” is entitled to receive financial compensation for their losses.
In most cases, South Carolina businesses with four or more regular employees — including part-time employees — are required to purchase workers’ compensation insurance coverage.
According to the National Safety Council, exposure to harmful substances or environments is a leading cause of work-related injuries and illnesses. Electricity, radiation, infectious diseases, temperature extremes, and toxic chemicals are just a few of these hazardous elements. While exposure to these elements is sometimes required to perform certain jobs, the risk of harm should stay relatively low, and injuries can result if proper precautions aren’t taken.
Overexertion is another common cause of workplace injuries. This can be due to strenuous job duties such as heavy lifting or repetitive, low-impact tasks such as typing. Lack of safety gear, unsafe work conditions, and improper training can all increase the risk of overexertion injuries.
Slips, trips, and falls, often resulting from inadequate walkway maintenance, are also potential sources of injury in the workplace.
Workers may also be injured by contact with objects and equipment, such as a vehicle striking a worker or a worker’s limb being caught in a machine, due to poor safety protocols.
No two workplace accidents are the same, and the types of injuries that occur can vary widely depending on the job and industry. The following are some of the possibilities:
Not all workers’ compensation claims follow the same timeline, but there are a few basic steps to expect.
If your work-related injury requires emergency medical attention, an experienced Greenville workers compensation lawyer will assure you that the first step is to seek the care you need. Keep in mind that your employer has the right to select your treating physician if you plan to file a workers’ compensation claim, but it may not be possible to wait for their selection to get treatment. If your injury isn’t an emergency, you may want to consult with your employer before seeking treatment.
In South Carolina, you have 90 days from the date of the incident to notify your employer that you’ve been injured. If you miss the deadline, you may be unable to receive benefits.
Once you’ve notified your employer of the injury, you must file a workers’ compensation claim by completing and submitting Form 50 with the South Carolina Workers’ Compensation Commission (WCC). This step must be done within two years of the injury to protect your right to compensation, but you’ll want to start this process as soon as possible.
After you submit Form 50, your employer’s insurance carrier will file an answer where they’ll either admit or deny your claim. If they deny your claim, you may request a hearing with the WCC. During this hearing, you or your attorney will present evidence to support the claim and respond to the insurer’s arguments.
The WCC will analyze the evidence and arguments presented at the hearing before issuing an Opinion and Award. This establishes the amount of benefits you’re entitled to.
The most successful workers’ compensation claims are those supported by sufficient evidence. Your Greenville workers compensation lawyer can help you compile the documents and other evidence necessary to support your claim, which may include the following.
Your treating physician should provide a medical report documenting your injury and treatment plan. This report should include the expected duration of treatment and any long-term effects of the injury.
Most workplaces will have an incident report you can complete to document the details of the injury. This can help strengthen your case if the insurer denies any details of your claim.
Witness statements are another way to prove the facts of your case. If anyone witnessed the incident or can speak to its effects on your health, their input can help bolster your claim.
The insurance company is responsible for reviewing the evidence submitted as part of your claim and making a decision regarding benefits. The insurer may also conduct an investigation to determine the validity of the claim, which may include interviewing you and/or witnesses, performing surveillance on you, contacting your physician, or reviewing your medical records.
Although the insurance company is required to act in good faith when reviewing your claim, it may attempt to deny or delay payment of benefits. These companies are for-profit businesses, and they do not always have your best interests in mind. That’s why it pays to have a Greenville workers compensation lawyer on your side.
There are thousands of workers’ compensation claims filed every year in South Carolina, but not all of them get approved. This is where it is essential to be aware of the common mistakes that could compromise your workers’ compensation claim in the Greenville-Spartanburg-Easley area. These include:
Even when you no longer need to see your doctor as frequently, you need to schedule and keep regular appointments to stay in touch. This will ensure that your claim is not compromised by failing to seek regular medical care.
If the Workers’ Compensation Commissioner denies your claim or awards you less compensation than you deserve, you have the right to appeal the decision with the help of your attorney. This allows you to present additional evidence or challenge the initial ruling.
When you appeal your claim, your case will be presented to a full panel of Workers’ Compensation Commissioners, who will decide whether to uphold the original ruling or overturn it. If you’re still dissatisfied with the decision, you may appeal it further to a higher court.
Navigating workers’ compensation benefits while recovering from an injury can be overwhelming. If you were injured at work, a Greenville workers compensation lawyer with Smith Jordan can help you understand how workers’ compensation laws can protect you.
Our compassionate attorneys will take the time to listen to you and relieve some of the stress of dealing with insurance companies. With over 40 years of experience representing workers before the South Carolina Workers’ Compensation Commission, our personal injury lawyers in Greenville, SC have handled cases for hundreds of people injured on the job. We know how to get you the help you deserve.
When you haven’t been protected by Workers’ Compensation as promised, our attorneys can help.
After all, the insurance companies will have lawyers on their side—why shouldn’t you? If you’ve been hurt at work, contact the attorneys at Smith Jordan today.
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