Workers’ Compensation Lawyer Serving Rock Hill
If you’ve been injured on the job, recovering from your injuries can be tough. You may not be able to work for some time, and your employer may be avoiding giving you the benefits you’re eligible for. That makes your physical recovery tough, and it puts a financial strain on you and your family.
- Workers’ comp covers economic damages such as lost wages from a workplace accident.
- To qualify for workers’ compensation, your employer must have workers’ compensation insurance and your injury or illness must have been sustained on the job.
- Compensation may include medical expenses and ⅔ of lost wages.
- Hiring a South Carolina lawyer often increases the likelihood of winning compensation.*
- Workers’ comp denials can be appealed.
If you’ve been injured on the job, recovering from your injuries can be tough. You may not be able to work for some time, and your employer may be avoiding giving you the benefits for which you are eligible. That makes your physical recovery tough, and it puts a financial strain on you and your family.
That’s why you may need a workers’ compensation lawyer serving Rock Hill. At HawkLaw, we understand just how important it is to get the benefits you need after your work accident. Your lawyer can help you handle your claim and get the benefits you need to move forward with your life.
Am I Eligible For Workers’ Compensation in Rock Hill, South Carolina?
When you’re injured on the job, your first question may be, “Am I even covered for this?” It’s a major concern — if you’re not eligible for workers’ compensation benefits, you could be the one paying for your recovery after a Rock Hill work accident.
Fortunately, though, most South Carolina workers are eligible for benefits, with a few exceptions. For example, independent contractors and employees of businesses with fewer than four employees may not have workers’ compensation benefits because coverage isn’t required for these groups.
If you’re worried about your eligibility, your workers’ compensation attorney can help. We understand how vital your workers’ comp can be to your recovery, so we can help you determine your options regarding your benefits.
To receive workers’ compensation, you must meet the following requirements under South Carolina workers’ compensation laws.
- You must be employed.
- Your employer must have workers’ compensation insurance.
- Your injury or illness must have been sustained on the job.
- You must report within the state’s deadlines.
Common Workplace Injuries That Qualify For Workers’ Compensation in Rock Hill
Several types of job injuries can be sustained at work. The most common workplace injuries are the ones you should be looking out for the most since the best course is always to avoid being injured in the first place. Still, it is important to know if your injury qualifies for workers’ compensation. For the most part, any injury that causes damage and prevents you from doing your job properly will likely be covered. Here are some examples.
- Electricity exposure
- Radiation exposure
- Temperature extreme exposure
- Harmful substance exposure
- Equipment malfunctions
- Falls from heights
- Friction or pressure injuries
- Car accidents
- Truck accidents
- Dog bites
Your Rights Under the South Carolina Workers’ Compensation Act
Under the South Carolina Workers’ Compensation Act, several rights of yours are protected and enforced. This law is designed to offer compensation for any damages suffered on the job in Rock Hill, SC, but there are limits to its coverage. Here are the most important rights to keep in mind.
- Your employer can select which doctor will treat you.
- You can choose your own doctor, but medical expenses may not be covered.
- If your employer does not file on your behalf, you can file yourself.
- If you are denied, you can file an appeal.
- If your appeal is denied by the South Carolina Workers’ Compensation Commission, it may be possible to appeal to the courts.
- Fault or negligence is not considered unless the employee was committing egregious behavior, such as being intoxicated on the job.
What is the Deadline to File for Workers’ Compensation in Rock Hill?
The first deadline to remember when it comes to filing a workers’ comp claim is that you have 90 days to report your injury to your employer from the date of the injury. Regarding filing a claim with the Commission, you have two years from the date of the injury. If you suffered an illness or injury that is not immediately detected, you have two years from the reasonable detection of your condition.
The Workers’ Comp Claim Process
Once you know whether you’re eligible, you can begin seeking your benefits in Rock Hill as soon as possible. Typically, your first step is to seek medical attention. Even if you feel fine, you may need medical proof to protect your right to your workers’ comp benefits.
Once you’re getting the care you need, you then need to notify your employer of the accident and request your workers’ comp benefits. From there, they’re required to contact the insurance company to move your case forward.
The insurance company can then investigate your claim. They’ll review your injuries, your accident, and your needs. If they approve you for work comp benefits, they’ll then decide the amount of benefits you’ll receive, as well as how long you’ll receive them.
If you were denied, though, don’t panic. Instead, talk to your personal injury attorney about your Rock Hill workers’ comp claim. They can review the evidence and help you dispute the decision, which can help you get a work comp settlement after all in some cases.
What Does Workers’ Compensation Cover in Rock Hill, South Carolina?
Workers’ comp claims are designed to cover any damages you might sustain when injured or stricken with an illness at work. These damages are more diverse than you might think and can actually comprise a lot of the costs you may experience. Here is what workers’ comp may cover.
- Medical expenses for injury/illness treatment
- Disability both temporary and permanent if applicable
- Partial disability and total disability benefits
- Death benefits in cases with fatalities
- Medical travel expenses
- Disfigurement compensation
- ⅔ of your pre-tax wages if placed out of work
How Long Can You Stay on Workers’ Comp in South Carolina?
The strict cap on workers’ comp benefits in South Carolina is 500 weeks, just over 9.5 years. However, how long you can collect in your specific case can vary based on various factors. If you suffer a traumatic brain injury or become paralyzed, for example, you may be entitled to benefits for the rest of your life.
Typically, your benefits end when you can return to work, but that is not always the case. If your doctor gives you an impairment rating that allows you to do less strenuous labor, you may still get some benefits. If your new position does not pay as much as your old position, you could receive benefits for two-thirds of the difference between the two wages.
How Are Workers’ Comp Settlements Calculated in South Carolina?
Some workers’ comp benefits are easy enough to calculate. How much you spend on medical care to treat your work-related injury translates directly into how much you are owed in compensation for medical bills. Your lost wages are calculated by utilizing your average weekly wage, which is often your average wages for the last 4 quarters before your injury. If you miss 8 days of work, you can get a weekly check equivalent to your comp rate, which is ⅔ of your wages.
In Rock Hill, South Carolina, there are limits to how much you can get in compensation for a week based on which body part was injured. Arms, for example, are covered for a maximum of 220 weeks.
Additionally, you will have to consider the impairment rating, a rating given by a doctor that describes how impaired you are or how much mobility and strength you lost. This is related to the disability rating, which rates how your injury prevents you from working. This will be different for everyone, so a workers’ comp lawyer may be necessary to get a reliable calculation.
Common Reasons for Work Injury Claim Denials in Rock Hill
Workers’ comp claims in Rock Hill are denied for a variety of reasons, but these are among the most common.
- Missed deadlines
- Poor employee behavior causing the injury
- Independent contractor classification
- Pre-existing injuries
- Lack of medical evidence
- Injury did not occur at work
What Do I Do if My South Carolina Workers’ Comp Claim Was Denied?
You can file an appeal if your workers’ comp claim is denied. This is done by the Commission, where a single commissioner will hear your case. If you are denied again, you can request a commission review if you file the request within 14 days. If it is still denied, your last option is to appeal with the state courts via a lawsuit. No matter your stage, it will always be beneficial to have legal representation from a workers’ comp lawyer on your side.
How Long Does It Take to Get a Workers’ Comp Settlement in Rock Hill, South Carolina?
How long it takes to get a workers’ comp settlement depends on the extent of your injuries and how willing the insurance company is to pay. If they are willing to pay in a clear-cut case, you could get benefits as soon as seven days after you stop working. Sometimes, it can take much longer, especially if you are initially denied. Fortunately, you can get back pay for all the time you had to wait for approval.
Do I Need a Workers’ Compensation Lawyer for my Rock Hill Workers’ Compensation Claim?
Strictly speaking, you are not required to have a lawyer for your workers’ comp personal injury claim in Rock Hill. Not having a workers’ compensation attorney may significantly disadvantage you, though. With an attorney on your side, you will have an experienced professional who will know how to navigate the complexities of South Carolina law to help get you the compensation you need.
A workers’ compensation lawyer serving those in Rock Hill can certainly help. At HawkLaw, we offer free consultations,* which gives us a chance to talk about your claim before you get started with our firm.
When you’re ready for your workers’ compensation case, reach out for help by calling or completing the online form to get started with your free consultation.* HawkLaw has workers’ compensation attorneys serving South Carolina from Goose Creek to Columbia, Greenville to Spartanburg.
Why Work With HawkLaw
When you work with HawkLaw, you can approach your case with confidence, as our experienced personal injury lawyers have worked with countless workers’ compensation claims over the years. With more than $275 million in settlements* across all our practice areas, it is easy to see how we prioritize your winnings above all else. Take a look at what our previous clients have had to say about our work throughout South Carolina.
We Work Hard For Your Compensation
HawkLaw strives to meet our clients’ needs with a communicative and compassionate attorney-client relationship. Suffering from a personal injury is stressful enough just when considering the physical toll, but dealing with lost wages and problems at work only makes recovery more difficult. Our law firm can take on that burden for you every step of the way, with our professionals handling the legal issues while you focus on recovery.
Frequent Answered Questions
The workers’ compensation system is meant for injuries that occurred while you were on the job or a wrongful death a loved one suffered while working. Meanwhile, disability covers conditions that prevent you from working, though they do not necessarily have to be acquired while working. A workplace injury can qualify injured employees for both, but an injury outside of the workplace can only potentially qualify for disability.
Body parts are all rated differently in workers’ comp claims, but head and central nervous system injuries tend to have the highest value alongside amputations. These are among the most complex and costly serious injuries to treat.
No, workers’ compensation in South Carolina does not cover any non-economic damages such as pain and suffering. You can only recover economic damages like medical treatment costs and lost wages.
At most, injured workers can be compensated a maximum of $1,093.37 per week. In general, your compensation is ⅔ of your average pre-tax wages. You may also get additional compensation based on how impaired you are after reaching the maximum medical improvement.