Being injured on the job can be one of your worst nightmares. Not only may you be experiencing medical difficulties, but you may also not be able to earn a living. South Carolina law imposes an obligation on your employer to purchase workers’ compensation insurance or provide self-insurance against injuries. Even though the law is there to protect you, insurance companies do not always make it easy for you to get what you are legally entitled to. Contact the York, SC, workers’ compensation attorneys at Hunter & Everage to learn more about your legal rights and how we can help you.
Workplace Injuries That Allow You To Claim Workers’ Compensation Benefits
Many people think of a work accident as the sole reason for filing a workers’ compensation claim. While you can claim workers’ compensation benefits when you have been injured in a mishap, other circumstances could allow you to file a workers’ compensation claim. For example, you may have been exposed to toxic substances or infected people on the job and are now suffering from a job-related illness. The physical rigors of your job could cause overuse injuries, such as tendonitis and bursitis, which may develop over time.
Filing for Workers’ Compensation Benefits in York, SC
There is a process that you must follow to successfully file for workers’ compensation benefits. Steps involved in a workers’ compensation claim include the following:
- Under South Carolina law, you have 90 days from the time that you were injured or should have known that you were injured, to notify your employer (although you do not have to do it in writing, you are safest when you have a record of the notification).
- You would see a doctor, designated by your employer, to have your injuries treated and diagnosed (unlike other states, South Carolina law does not allow you to control your medical treatment and select your doctors).
- You have up to two years from the time of your injury to file a workers’ compensation claim, although you should never wait that long.
- You would file the claim with the South Carolina Workers’ Compensation Commission, which would then forward it to your employer and their insurance company.
- The insurance company may take several weeks to investigate your claim before deciding whether you are entitled to benefits.
- If the insurance company has denied your claim, you have the right to file an appeal, and you must do so within 14 days of receiving the notification of denial.
As you can see, there are some very tight timelines that you need to follow. Hiring an experienced workers’ compensation attorney could put you in a stronger legal position.
Types of Workers’ Compensation Benefits
Workers’ compensation benefits are intended to pay for the medical care related to your injury and help keep you on your feet until you can fully work again (or pay you for a certain period if you will never reach the point of returning to work).
You may receive the following in a workers’ compensation claim:
- Two-thirds of your average weekly wage that you were earning at the time of your injury, subject to a maximum cap under South Carolina law
- Reasonable and necessary medical expenses to treat your injury (medical expenses are not just limited to paying doctors and hospitals)
- Vocational training if you need to learn how to do another job because you can no longer perform yours
- If your loved one died from a work-related injury, the family can receive a death benefit and up to $12,000 for funeral and burial expenses
Workers’ Compensation Settlements for Injured Employees in York, SC
If you are permanently disabled, you would be entitled to certain benefits based on both your disability rating and the area of your body that was affected. An independent doctor (who is paid by your employer or the insurance company) would examine you when you have reached a point of maximum medical improvement and would determine the percentage of your disability.
If you do not agree with the results of the medical examination, you can get a second opinion and challenge the insurance company’s determination in front of an objective judge.
You may choose to take all of your benefits upfront in a lump sum. You would then negotiate a one-time settlement agreement that would pay you now in exchange for releasing the insurance company from any further obligations in connection with your claim. Your settlement may also include an upfront payment of future medical costs if you decide that is in your best interest. You should hire an experienced attorney to negotiate the settlement on your behalf so you can get everything you deserve.
Why You Need a Workers’ Compensation Lawyer in York, SC
Not every workers’ compensation claim is straightforward. You may not even realize that you have filed a difficult claim until it is denied by the insurance company. Insurance companies do not like to pay benefits and prefer to deny your claim. Even when they have granted your claim, they may order you back to work prematurely or refuse to cover necessary medical expenses. You should have an experienced workers’ compensation attorney looking after your interests every step of the way.
Insurance companies may view you differently when they see that you are represented by a lawyer. If they have denied your claim and you approach them with an attorney, there is a better chance that you can convert a denial into benefits.
Meanwhile, you may not be able to fully engage in the claims process yourself when you are dealing with serious injuries. The last thing you need is to deal with the bureaucracy and details required to successfully file a claim and receive all the benefits you are due.
Speak With a York County Workers’ Compensation Team Member for Advice
If you have been injured on the job, the attorneys at Hunter & Everage can be the best advocates you can have. Our lawyers can handle the details of your case and stand up for your legal rights in the face of a difficult insurance company. You can begin to get some peace of mind when you speak to one of our lawyers during an initial consultation. To schedule an appointment, you can message us through our website or call us today at 704-377-9157. There is never any fee unless you win your case.