When you’re injured at work, you need workers compensation benefits to support yourself and your family. If you’re not sure how to get those benefits or you’re having trouble with your claim, call a South Carolina workers comp attorney.
When we go to work, we’re rarely thinking about what happens if we’re injured. Unfortunately, an on-the-job injury can be serious and make returning to work nearly impossible.
Your work accident may leave you and your family without your income. This leaves you and your family in a difficult position because you may need that income to live and pay for your recovery. When you’re unable to work, it’s easy to fall into a financial hole that’s difficult to climb out of.
Fortunately, a South Carolina workers comp lawyer at HawkLaw, PA can help you get the workers compensation benefits you and your family need during this difficult time. We’ll guide you through which benefits you’re entitled to. If you’ve been denied, we’ll fight tirelessly for the work comp benefits you deserve.
Who Qualifies for Workers Compensation in South Carolina?
First, you’ll need to ensure that you’re eligible to receive workers comp benefits at all. While most South Carolina workers are covered by workman’s comp insurance, you may have to get your compensation through other methods if your employer doesn’t provide this coverage. While you’re more likely to have these benefits than not, it’s best to check before you begin.
One of the fastest ways to check if you’re covered will be to contact your employer. Filing a claim with your employer will get the claim process started. Speak to a lawyer about who is eligible for workers compensation so you know whether your employer should cover you.
Generally, almost all employees in South Carolina should have workers compensation coverage, with only a few exceptions. The following workers are the few exceptions to this general rule:
Those who work at companies that employ fewer than four people
You’ve now determined that you’re eligible for workers comp benefits, but what do these benefits cover? The exact amount you receive will depend on the severity of your injuries and whether you’ll be able to return to work.
South Carolina workers comp benefits cover the expenses for your medical care and wage replacement while you’re unable to return to your original job. Your workers compensation benefits could include any of the following:
Medical Care – The injuries you suffered in a work accident may be serious, and you’ll need compensation to make up for the costly hospital and doctor visits you’ll have to endure. Your benefits should cover all necessary medical care related to your injuries.
Partial Disability – You might have suffered a serious injury but still be able to return to some lighter work duties. In this case, you can receive two-thirds of the difference between your wage before the accident and your new wage. This might be a temporary position while you recover—your benefits will end when you’re able to return to work.
Total Disability – You may simply be unable to return to work after an on-the-job injury. If you’re unable to return to work at all, you’ll be eligible to receive two-thirds of your original compensation for up to 500 weeks. Certain injuries, such as paralysis and brain damage, may entitle you to lifetime benefits.
Death Benefits – Unfortunately, you might be seeking information for your family after your loved one passed away because of a work accident in South Carolina. Workers comp death benefits should cover the burial expenses and two-thirds of your deceased loved one’s income for up to 500 weeks.
The Workers Compensation Claim Process
Your South Carolina workers compensation claim will begin once you report your injury and inform your employer that you’d like to file a claim for workers comp benefits. You’ll need to report your injury to your employer quickly—within ninety days—but you’ll have a little more time to speak to a lawyer before you file your claim. In total, you have two years to file your claim.
Once you’ve filed your claim, your employer will contact the insurance company, which may investigate your case by speaking to witnesses and doctors and reviewing other evidence. The insurer will use this evidence to decide whether you should receive compensation and how much.
Once the insurer has determined this, it will send you a denial or approval letter. If you’re approved, you’ll receive details about the compensation you’ll receive and when your benefits will start. From there, you can focus on recovering from your injuries. A denial letter won’t be the end of your workers compensation claim. Instead of giving up, you can get legal help appealing your work comp denial and getting compensation for your workplace accident.
Appealing a Denial
When you’ve received a workman’s comp denial letter, you’ll need to act quickly to begin fighting for your claim. Fortunately, your first step—finding the reason for your denial—will be easy. Insurance companies must include the reason on the denial letter, so you’ll know which problems to address or refute.
For example, the insurer might state that there was insufficient medical evidence that you were injured or disabled and in need of workers compensation. In that case, you’ll know that you may need more exams to show that you’re in need of workers comp benefits.
Reasons for work comp denials can vary widely, from disputes about when and where the accident happened to claims that you missed the deadline to file. No matter the reason for your work comp claim denial, a South Carolina work comp attorney can help you appeal and get the workers compensation benefits you deserve.
Once we’ve determined why your claim was denied and what evidence you’ll need to fight back, we may then schedule a hearing for your claim. We’ll fight back against the arguments the insurer or your employer make until you get the compensation you’re owed.
Get in Touch with a South Carolina Workers Comp Attorney
When you’re injured on the job, it’s difficult to recover and get back to work—if you’re able to return to the workplace at all. Without your workers compensation benefits, your family could have trouble getting by without the financial support your job provides. If you’re injured and need help with your workman’s comp claim, you may need a lawyer from HawkLaw, PA in your corner.
Dealing with the aftermath of a work accident is difficult, and there’s a chance that you’ve already received a denial letter for your work comp claim. Don’t give up. Instead, speak with our attorneys about how to get the full compensation you need. We’ll fight for you when you need it most.
If you’re thinking about appealing or need help filing your initial workers comp claim, call us for a free consultation. We’ll review your claim and discuss how we’ll secure the benefits you deserve. That way, you’ll know that we’re the right firm for you before we ever get started.
Don’t wait to take advantage of your free consultation with a South Carolina workers comp lawyer. Give us a call at 1-888-HAWK-LAW (429-5529) or complete the online contact form below to get started.
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