When you’re injured at work, you need compensation to make up for your lost income and medical bills. If you’re struggling to get the workers comp benefits you’re entitled to, reach out to a Columbia work comp lawyer.
Most of us head to work every day without thinking about what we’ll do if there’s an accident. You’re thinking about clocking in on time, what you’ll do for lunch, and what you have on your plate for the day. Unfortunately, a work accident can happen at any time.
An on-the-job injury can leave you struggling to decide what to do next. Any injury can be expensive and painful, but when an injury occurs at work, who’s financially responsible? And what can you do if that party doesn’t want to provide the workers comp benefits you’re entitled to under the law?
It’s a tough spot that many injured South Carolina workers find themselves in every day. Fortunately, you don’t have to move on without compensation—even if you’ve been denied. Instead, reach out to a Columbia workers comp lawyer at HawkLaw, PA. We’ll review your case and help you fight for what you’re owed while you focus on resting and recovering.
Who’s Eligible for Workman’s Comp in Columbia, South Carolina?
Before you get started, you’ll need to know whether you qualify for workers compensation at all. If you don’t qualify, you may need to take different steps to get your benefits. This makes the process even longer for you if you’re not qualified, so we’ll focus on your eligibility first.
While most South Carolina workers have these benefits and should be notified of them, it’s possible that your workplace doesn’t carry work comp insurance or may not make it clear to employees that they have these benefits.
If you’re one of the following types of workers, you may not have access to workers compensation benefits:
Some agricultural workers
Some railway employees
Workers at companies with fewer than four employees
If you work in one of these positions, that doesn’t mean you’ll have no chance to recover compensation for your injuries. For example, some groups, such as some federal employees, are covered through the agencies they work with.
Reach out for help if you’re not certain that you’re covered by workers compensation insurance. Fortunately, a workman’s comp lawyer in Columbia can help you get the answers you need and fight for the benefits you’re owed.
Your Work Comp Benefits
Maybe you know you’re qualified, but you’re unsure of what benefits you could get through workers compensation. It’s important that your benefits cover your needs while you’re trying to heal. Fortunately, South Carolina offers workers benefits meant to meet their needs.
If you’re injured on the job, you could be eligible for any of the following benefits, depending on the details of your situation:
Medical Care – When you’re injured, you’ll need to seek medical attention immediately, but that can get expensive quickly. Fortunately for injured Columbia workers, work comp medical benefits should cover all necessary care for your recovery.
Total Disability – After your injury, you may be unable to work for weeks or months—if you’re able to return to work at all—but you’ll still need some income to support yourself and your family. Total disability benefits can give you two-thirds of your original wages.
Partial Disability – Some injured workers are able to return to lighter duties, although that may mean taking a pay cut at work. Partial disability benefits help reduce the strain of lower wages. You should receive two-thirds of the difference between your original wage and your new, lower one.
Death Benefits – Sadly, you may be seeking information not for your own injury, but for a loved one. If your spouse was killed in an on-the-job accident, you’ll be entitled to compensation for the burial. You can also receive a weekly wage-replacement benefit.
The Workers Compensation Process
You know you need your benefits, and you know you’re qualified to get them, but what now? You’ll need to file your Columbia workers comp claim with the appropriate parties.
First, you’ll need to seek medical treatment. This isn’t just because your injuries could be serious or even life-threatening. It also protects you from accusations that your accident didn’t happen at the time it did. So, if you fall and hit your head, go to the doctor to check for a concussion, even if you feel fine. It may be harder to get workers comp if you begin having symptoms later on.
Once you’ve filed your claim, it will be up to your employer to contact the workers comp insurance company. The insurer will then review your claim, looking at medical evidence and accident reports to determine the validity of your story, as well as how much your claim is worth.
Once the investigation is finished, you’ll receive a letter stating that you’ve been approved or denied for workers comp benefits. If you’re approved, you’re ready to begin using your benefits for your recovery.
Handling a Denial
Unfortunately, you might instead receive a work comp claim denial, and that can feel frustrating. You’re likely wondering what exactly you can do about a denial. Fortunately, you don’t have to take the workers comp insurer’s initial response and go without compensation.
Instead, you can file an appeal and schedule a hearing for your benefits. Your Columbia work comp attorney will appeal on your behalf and argue for the workers compensation you need. Because the insurance company is required to provide a reason for your denial, we can use this to address the insurer’s concerns and make your claim bulletproof.
Some of the most common reasons that workman’s comp claims are denied include the following:
Lack of medical evidence
Missed filing deadlines
Suspicion that the injury is not serious enough to prevent you from working
A claim that the accident didn’t happen at work
While some of these reasons are easier to address than others, your workers comp lawyer in Columbia will have the resources you need to decide how to fight back. For example, if you’re lacking medical evidence that your injury was serious enough to warrant compensation, you may need more exams to diagnose your condition.
Connect with a Columbia Workers Comp Attorney
A workplace accident can be a painful, frustrating experience. You’ve been injured, you’re in pain, and now your employer and the work comp insurer don’t want to compensate you for the injuries you suffered. That makes it even more difficult to recover and return to work—if you’re able to return at all.
A claim denial is especially difficult. You need your workman’s comp benefits to overcome your injuries, but what can you do if you’ve been denied? Fortunately, a lawyer from HawkLaw, PA can help you appeal. You’ll need someone with the experience and knowledge necessary to determine whether you’re eligible and how much compensation you should receive.
You can get started on your case with a free consultation at our firm. We’ll review your accident, discuss whether you’re eligible for work comp, and show you what we can do for you. That way, you’ll know before we get started that we’re the right firm for you.
If you’re struggling with your workers compensation claim, reach out to us for the help you need. Contact a Columbia workers comp lawyer by calling 1-888-HAWK-LAW (429-5529) or by completing the online contact form at the bottom of this page.
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