If you’ve sustained an injury at work and seek Workers’ Compensation benefits in South Carolina, you’re eligible for several types of assistance. These benefits typically include medical care, wage replacement, and potentially a cash settlement once medical treatments conclude.
The closure of your case occurs when a Workers’ Compensation judge approves your settlement, but it’s important to note that reopening the case is possible under certain conditions.
Navigating the Workers’ Compensation system in South Carolina can be complicated. Whether you reside in Hilton Head, Greenville, or anywhere across the state, consulting with a knowledgeable attorney can make a significant difference. With experience and industry knowledge, the CEO Lawyer Personal Injury Law Firm specializes in representing those injured at work across South Carolina.
When Should an Injured Worker Consider Reopening a Workers’ Comp Case?
If your workers’ comp claim was initially denied, or if new evidence emerges that wasn’t considered in your original petition, you may have grounds to reopen your case.
Here are some scenarios where this might apply:
- Unapproved Settlements: If you negotiated a settlement with the insurance company without legal representation, it must be approved by a judge before it becomes binding. If your settlement hasn’t been approved at a hearing, there may be an opportunity to reopen your claim.
- Changed Circumstances: If your work-related injury requires more time to heal than initially predicted, necessitating extended medical treatment or a longer absence from work, you might need to reassess your compensation.
- Errors in Settlements: If you find a mistake in your initial award, believe that an error was made in reviewing your case, or if new relevant information comes to light, these are grounds to seek a reopening of your claim.
- New Evidence: Discovering new facts about your accident or your employer that could impact your case is a significant reason to consider reopening your claim.
- Claim Initially Denied: If you obtain credible information suggesting that your claim was wrongfully denied due to employer or insurance company fraud, this can warrant a reopening.
- Worsening Conditions: If your medical condition worsens after the injury, affecting your ability to earn a wage, this change in circumstances can justify revisiting the case.
It’s important to understand that a previously closed workers’ comp case doesn’t always mark the definitive end of your claim. You might still be eligible to receive the full benefits you’re entitled to. Consulting with a workers’ compensation attorney can provide clarity and support if facing these issues.
What Are the Criteria for Reopening a Workers’ Comp Claim in South Carolina?
To reopen an old Workers’ Comp Claim in South Carolina, you must meet the following criteria:
- Causal Link to Original Injury: The worsening condition must be directly linked to the workplace accident for which you initially received compensation.
- Distinct Condition: The change in your medical status must represent a worsening or progression of the original work-related injury, not a new or separate condition.
- Timing of the Condition: The deterioration in your health must have occurred after the original compensation award was granted. State law disallows reopening a claim based on a condition that existed but was not disclosed during your initial application.
- Statutory Time Limit: You must file to reopen the claim within 12 months following your last receipt of workers’ compensation benefits.
Fulfilling these requirements allows you to initiate reopening a previous claim. However, proving a worsened condition typically requires substantial medical evidence. Consulting with an experienced workers’ comp attorney can be essential to navigating the legal system and adhering to strict timelines efficiently.
How Long Do You Have to Reopen a Workers’ Compensation Claim in South Carolina?
In South Carolina, the window to reopen a workers’ compensation claim extends up to 12 months following the last received compensation payment. To initiate the reopening process, you must demonstrate a significant worsening in your medical condition since the original claim was settled.
It’s crucial to provide evidence supporting this change and ensure no final settlement, often referred to as a clincher agreement, was previously made with your employer and their insurance provider.
To confirm your eligibility within this timeframe and navigate the complexities involved, consider consulting with a workers’ compensation attorney. Their expertise can help you understand the specific timelines applicable to your case and guide you through the necessary steps to effectively reopen your claim.
How Can a Workers’ Comp Lawyer Help You Receive Additional Benefits?
A workers’ compensation lawyer is crucial in helping you navigate the complexities of reopening a claim and securing additional benefits in South Carolina.
Here are the key ways an attorney can assist:
- Evidence Gathering: A lawyer will collect comprehensive evidence related to your injury and any subsequent worsening conditions. This includes medical records, expert testimony, and employment documentation to build a strong case for reopening your claim.
- Case Assessment: Your attorney will conduct a detailed review of your entire case history to understand the nuances and specific challenges that may arise. They will determine the best legal strategy tailored to your situation.
- Strategic Advice: Legal experts guide the appropriate steps to take, considering the specifics of your case. They will help you understand your rights and the potential outcomes of pursuing additional benefits.
- Fraud Detection: If there is suspicion that your employer or their insurance company has acted fraudulently, your lawyer will investigate and, if necessary, provide evidence of such fraud to strengthen your claim.
- Representation: An attorney will represent your interests in dealings with your employer and their insurance company in court. They ensure that your case is presented effectively and persuasively to judges who may be initially reluctant to reopen a claim.
- Ongoing Support: Throughout the process, from the initial consultation to the conclusion of your claim, your lawyer will offer ongoing support and legal advice, helping you navigate the legal system and advocating on your behalf to maximize your chances of obtaining the benefits you deserve.
How to Reopen the Worker’s Comp Claim in South Carolina?
When looking to reopen a workers’ compensation claim in South Carolina, you must follow several critical steps to ensure your case is handled correctly. First, verify your eligibility to reopen the claim.
This involves checking the original claim resolution for any stipulations or deadlines that might affect your ability to file for a reopening. If eligible, the next step is to obtain a new medical evaluation. This evaluation must be from a licensed medical professional who can document any deterioration or new developments in your condition since the last settlement.
This medical report is crucial as it forms the basis of your request to reopen the claim. Once you have updated medical documentation, you must file an Application for Review and Modification with the South Carolina Workers’ Compensation Commission. This application should detail the changes in your condition and why these warrant reevaluating your compensation.
Engaging with a workers’ compensation attorney experienced in South Carolina law is highly advisable. An attorney can assist in navigating the complex procedures and ensure that all paperwork is filed correctly and on time. Additionally, if your claim reopener faces challenges or is denied, legal representation will be invaluable in pursuing your rights and further appeals.
What are the Disability Benefits in South Carolina?
If your injury or illness prevents you from working, you may qualify for disability benefits under workers’ compensation. These benefits can compensate you for up to two-thirds of your average weekly wage, subject to a maximum limit.
Temporary Total Disability (TTD) Benefits
In South Carolina, Temporary Total Disability benefits are provided to employees who cannot work for more than seven consecutive days due to a workplace injury. These benefits amount to two-thirds of the worker’s average weekly wage and continue until the worker is medically cleared to return to work or reaches maximum medical improvement.
Temporary Partial Disability (TPD) Benefits
Temporary Partial Disability benefits are available to workers in South Carolina who can return to work post-injury but at reduced hours or pay. These benefits make up the difference between the worker’s current and pre-injury wages, ensuring financial support while they recover or adapt to new work limitations.
Permanent Partial Disability (PPD) Benefits
Permanent Partial Disability benefits cater to workers in South Carolina who have sustained permanent injuries that prevent them from returning to their previous employment. Compensation is based on the severity of the disability, as determined by a medical professional.
It is calculated using a formula considering the affected body part and impairment rating.
Permanent Total Disability (PTD) Benefits
In South Carolina, Permanent Total Disability benefits are designated for workers who are completely and permanently disabled due to a work-related injury. Eligible individuals receive benefits equivalent to two-thirds of their average weekly wages and are entitled to lifelong medical benefits to manage their disability.
Contact Our Worker’s Comp Claim Attorneys in South Carolina!
Reopening a workers’ compensation case can be challenging and overwhelming, especially when you are already dealing with the stress of recovery and financial losses due to missed work. However, engaging a skilled legal professional can significantly reduce the stress, confusion, and hassle of revisiting an old case.
Navigating the legal system should not be a solo journey. Our trusted workers’ comp attorney will advocate fiercely to secure the fair compensation you deserve, allowing you to devote more energy to your recovery and less to legal intricacies.
When injured, your primary focus is your health and possibly your family’s financial stability, making it challenging to collect evidence or make critical legal decisions. At the CEO Lawyer Personal Injury Law Firm, we recognize the difficulties in demonstrating that your injuries have deteriorated, so we offer our clients free initial consultations.
Suppose your injury has escalated, and you must reopen your South Carolina workers’ compensation claim. In that case, we are ready to guide you through the process and ensure you receive the full benefits you deserve. Do not hesitate to email or contact us at (864) 664-3865 to set up a complimentary consultation. We’ll clarify your questions and detail your legal options.
