Getting injured on the job can lead to substantial medical expenses, prolonged physical therapy sessions, extensive rehabilitation, and significant time away from work. In severe cases, workplace injuries can even result in fatalities.
According to data from the Bureau of Labor Statistics, there were 2.7 million recorded cases of workplace injuries and illnesses in 2022 alone. Workers’ compensation benefits are designed to cover the medical costs and lost wages of injured workers and to provide compensation to the families of workers who have died as a result of their injuries. In navigating these claims, the expertise of a workers’ compensation lawyer can be invaluable.
But is hiring a lawyer for your workers’ compensation claim necessary? In most situations, the answer is yes. If you have sustained an injury at work, the CEO Lawyer Personal Injury Law Firm can guide you through the complexities of your rights and the benefits process.
Hiring a workers’ compensation lawyer has its advantages and disadvantages. Below is an overview of the pros and benefits victims can receive with the help of a lawyer.
What are the Benefits of Hiring Our Worker’s Compensation Lawyer?
Hiring an experienced South Carolina workers’ compensation lawyer offers numerous benefits that can significantly impact the outcome of your claim:
- Expert Guidance on Paperwork: Our experienced lawyer ensures that all necessary paperwork is filed correctly and on time. Even minor errors in your paperwork can lead to a denial of your claim, which can be adeptly avoided with professional assistance.
- Maximizing Your Benefits: Our workers’ comp lawyer will make sure you receive all the benefits you’re entitled to, such as medical expenses, lost wages, and rehabilitation costs, and will work to continue these benefits for as long as you need them.
- Increased Compensation: Statistics show that injured workers represented by lawyers typically receive higher compensation compared to those who handle their claims independently.
- Appealing Denials: If your claim is initially denied, our experienced lawyer can effectively appeal the decision. Many workers find success on appeal when they have a skilled attorney advocating for their rights.
- Negotiating with Insurers: Our lawyer will handle all communications with insurance companies and the workers’ comp board, allowing you to focus on your recovery without the stress of negotiations.
- Legal Representation: Since insurance companies and most employers are represented by legal experts, having our lawyer ensures that you are on equal footing and protects your rights and interests.
- Personalized Advice: Our experienced lawyer will provide personalized advice based on your situation, answer all your questions, and prioritize your best interests throughout the legal process.
- Strategic Planning: Our lawyer can develop a strategic plan to ensure that your case is presented most effectively, considering all legal angles and available evidence.
- Support Through Recovery: Beyond legal assistance, our workers’ comp lawyer can also help you connect with the right medical professionals and ensure that you receive comprehensive care for your recovery.
- No Upfront Costs: Our workers’ comp lawyers work on a contingency basis, meaning you won’t pay any fees unless your lawyer secures compensation for you.
What Is Worker’s Compensation?
Workers’ compensation, as defined by the South Carolina Workers’ Compensation Act, is an insurance program created to support employees who suffer injuries while on the job. This program provides crucial benefits that cover medical expenses and lost wages, and it applies regardless of who was at fault for the injury or the circumstances of the accident.
This system benefits both parties: employees receive guaranteed compensation for injuries without the need to prove fault, thus avoiding the financial and emotional costs of medical bills and lost income. Conversely, employers gain protection from potentially costly lawsuits that could arise from workplace injuries.
To function effectively, injured workers must report their injuries to their employer within 90 days of the accident, preferably in writing. Following this, employers are responsible for ensuring the injured party receives appropriate medical care and must also inform the insurance provider about the injury.
The insurance company then notified the South Carolina Workers’ Compensation Commission, ensuring that all procedural requirements and benefits were appropriately allocated.
How Much do Workers’ Compensation Lawyers Get Paid?
Workers’ compensation lawyers often operate on a contingency fee basis, meaning they only get paid if they win the case. This payment structure is particularly beneficial for injured workers who may not have the means to afford upfront legal fees.
Typically, attorney fees in workers’ compensation cases are subject to state-specific regulations and range from 10% to 20% of the settlement amount. However, this can vary based on the case’s complexity.
Before a lawyer receives payment, the fee must be approved by a judge. This approval process considers various factors, including the time and effort the attorney invested in the case and the benefits secured for the client.
This setup not only makes legal services accessible to those with limited financial resources but also motivates attorneys to strive for the best possible settlement outcomes for their clients.
What Should be Included in the Worker’s Compensation Benefits?
In South Carolina, workers’ compensation insurance provides extensive coverage for individuals who have sustained work-related injuries. This insurance covers all medical expenses associated with the injury, including costs from doctor visits, hospital treatments, and any other medical bills related to injury, disfigurement, or impairment.
Furthermore, it compensates for lost wages, offering partial wage replacement based on the injured employee’s average weekly wage, regardless of whether they are employed full-time.
For those who are partially disabled and able to perform light duties, the benefits include salary compensation for reduced work capacity. Specifically, if an employee’s capacity for work is restricted due to injury, they can receive two-thirds of the difference between their current and previous wages.
For example, if the employee earned $1,000 weekly before the injury and now earns $500, they would be eligible for $333.33 in temporary partial disability benefits.
In total disability cases, where an employee cannot return to work, the benefits extend to two-thirds of the average weekly wage before the injury. These payments can continue for up to 500 weeks in most scenarios.
Severe conditions such as paralysis or brain damage may qualify for lifetime benefits. Additionally, if an employee passes away due to a work-related injury, their family members are entitled to death benefits. These benefits include reimbursement for burial expenses and compensation amounting to two-thirds of the deceased’s weekly salary, which can continue for up to 500 weeks.
How to File a Workers’ Compensation Claim in South Carolina
Step 1: Report the Injury to Your Employer
If you suffer an injury at work, you must report it to your employer immediately or as soon as possible. South Carolina law requires you to notify your employer within 90 days of the accident to retain workers’ compensation benefits eligibility.
For occupational diseases or repetitive trauma, notify your employer within 90 days from the date you discovered or reasonably should have discovered the illness or from the date of your definitive diagnosis.
Upon receiving your notification, your employer is responsible for reporting the injury to their workers’ compensation insurer, who will forward the claim to the South Carolina Workers’ Compensation Commission.
Step 2: Seek Medical Treatment Promptly
Once injured, obtain medical attention immediately. Ensure that the medical provider is aware that the injury is work-related. Workers’ compensation should cover all necessary medical expenses including, but not limited to:
- Emergency services
- Surgical operations
- Hospital stays
- Prescribed medication
- Rehabilitation services
- Necessary assistive devices
Importantly, these benefits should come without any deductible, and you might also be entitled to transportation reimbursements for travel to and from medical appointments. Remember, you must visit a medical provider approved by your employer or their insurance company to cover the treatments.
Step 3: File a Claim with the South Carolina Workers’ Compensation Commission
If your employer does not report your injury or your claim is disputed, you may need to file a claim yourself. Use Form 50 for injury or illness claims or Form 52 for death benefits if applicable. Your claim should include:
- Employer’s name
- Date of the injury or illness diagnosis
- Affected body parts
- The date you notified your employer
- Required medical treatment
- Medical provider’s information
- Desired benefits
You may also request a hearing, which involves a $25 fee. Claims must be filed within two years of the injury date or two years from the date you discovered or were diagnosed with an occupational disease.
Step 4: Get Legal Assistance with a Trusted Law Firm
Navigating workers’ compensation claims can be complex, particularly when recovering from an injury or dealing with a disease. For peace of mind and to ensure your claim is handled correctly and promptly, consider consulting with a workers’ compensation attorney.
The CEO Lawyer Personal Injury Law Firm specializes in advocating for injured workers. It can guide you through the process, from filing the necessary forms to representing you in dispute resolutions or hearings.
Our attorneys are committed to securing the maximum compensation you are entitled to under the law and will use their negotiation and litigation skills to protect your rights throughout your recovery journey.
Get Expert Guidance With Your Workers’ Compensation Claim in South Carolina!
Managing the complications of a workers’ compensation claim in South Carolina can be challenging and toxic. Partnering with our knowledgeable legal team is essential to managing all your legal claims.
Specializing in Workers’ Compensation, we offer expert legal guidance, ensuring your case is managed precisely and carefully. By working with us, you benefit from a dedicated team that focuses on providing clear and effective solutions to even the most complicated workers’ compensation issues. Their commitment to your well-being means you can confidently approach your workers’ compensation process, backed by the thorough support and legal expertise necessary to achieve a just outcome.
Call our workers’ compensation lawyers at (864) 664-3865 or schedule your complimentary consultation. We’ll help you explore your legal opportunities.
