A work injury can make returning to work difficult or impossible. Your workers comp coverage should help you through this difficult time, but when you’ve been denied, you’ll need a Spartanburg workers comp attorney on your side.
Work sites are much safer than they once were, but that doesn’t mean they’re completely safe. While we have safety restraints, safer tools, and more protective gear, an accident can still happen, leaving you with a serious injury and an inability to work for some time.
Fortunately, many South Carolina workers have less to worry about in this situation because they have workers comp benefits, and they’re getting the coverage they need for a full recovery. What if you’re not sure where to turn, though, or what if you’ve already received a denial?
That can be tough to recover from, which is why you need a Spartanburg workers comp lawyer from HawkLaw, PA on your side. Our attorneys can make sure you’re getting the full benefits you should receive, and they can help you appeal when you’ve been denied.
Work Comp Eligibility after a Work Accident
Fortunately, most South Carolina workers don’t have to worry about whether they’re eligible. The majority can simply file their claim and get the help they need after an injury. Unfortunately, you might be unsure if you’re covered.
If your Spartanburg employer doesn’t carry workers comp, you may be offered a different type of compensation. For example, federal employees will need to seek workers comp from their federal employer and may not have the same coverage an employee in the state will. An attorney can help you determine whether you’re covered and what you’ll need to do next.
While most workers are covered, you may need to speak to a lawyer about your alternate options. If you’re one of the following types of workers, you may need to seek your compensation in other ways:
Federal employees working in the state
Employees in businesses with under four employees
Some casual employees
The Workers Comp Process
Once you’ve suffered an on-the-job injury, what can you do? Fortunately, most of the process is out of your hands, meaning that you can focus on your recovery, not on fighting for funds.
First, you’ll see a doctor, of course, and have your workplace injuries attended to. Then you’ll notify your employer of the accident. You’ll let them know that you were injured and that you plan to file for work comp benefits. Once they’ve been notified, they’ll have a short time to notify their work comp insurance provider, who will then investigate your claim.
During their investigation, they’ll make sure the accident happened as reported and that you were injured. Once they’ve made their decision, they’ll send you either an approval or denial letter. If you receive an approval letter, then you’re done. You’ll receive your benefits shortly.
If you’re denied workers compensation, your case isn’t over yet. All workers have a chance to appeal their claim, so you’ll need to seek a workers comp lawyer and begin preparing for an appeal.
Your Work Comp Benefits
If you’ve been approved, you’ll need to ensure you’re getting the full benefits you deserve for your accident. You were seriously injured, which means you’ll need your full benefits to make a full recovery. If you’ve received an approval letter, you can expect one or more of the following benefits:
Medical Benefits – When you’ve suffered an on-the-job injury, you need medical care, but that gets expensive quickly. Fortunately, your medical benefits should cover any necessary care for your recovery. If you need or will need any surgery, therapy, or medication, these benefits should cover it all.
Partial Disability – When you’re injured, you might not be in such bad shape that you can’t return to some work. Unfortunately, you’re unable to do your usual job while you heal, or perhaps you’re transitioning to a less-stressful position. Your partial disability benefits should cover part of the difference between your two wages.
Total Disability – Unfortunately, you might be completely unable to return to work for some time. Whether you’ll be back next month or you’ll be disabled for the rest of your life, your total disability benefits should cover you. In South Carolina, you should receive two-thirds of your usual wages while you’re unable to work.
Handling a Workman’s Comp Denial
What happens when you need work comp benefits but you’re denied? It can feel like the end of your case, but you’ll be able to dispute and may get the full settlement you deserve.
Your first opportunity will be to speak with your employer and their insurer in an informal hearing. Your denial letter must have the reason for your denial in it, so you may be able to simply address their reason and get your compensation.
If that doesn’t work, you’ll need to make a formal appeal before the Worker’s Compensation Commission. They’ll hear your case and speak to your legal representative, and they’ll make a decision. We’ll fight back for you until you get the settlement you deserve.
Spartanburg Workers Comp FAQ
Unfortunately, getting your workers compensation can be an ordeal. You’re injured, and now you’re struggling to recover because your employer won’t help. You need answers now, but you’re injured and overwhelmed.
That’s why you need to speak to an attorney before you appeal. A mistake could cost you your compensation, and you might need guidance in other ways, too, following your accident. So, seek out a lawyer if you still have questions about workers comp in South Carolina or if you’re seeking more information about the following issues.
What if my employer doesn’t offer workers comp?
Unfortunately, not all employers are required to carry workers compensation. In that case, you’ll need to sue your employer in Spartanburg for your injuries, though your compensation isn’t guaranteed. However, if your employer should carry compensation and isn’t, they might be in trouble now. Reporting them could help you get the work comp claim you need, and it may leave them with some hefty fines.
What is light duty?
If you’re able to return to work but unable to return to your original position, your doctor may recommend light duty. You’ll be given a less strenuous position, and your workers comp benefits will cover some of the difference between your original wage and your new wage.
I believe I caused the accident. Can I still receive benefits?
Yes. Workers comp benefits is a no-fault system. That means that even if you did cause the accident, your work injury should be compensated. The only exceptions may be intentionally injuring yourself or the use of drugs and alcohol before the work accident.
Reach Out to a Spartanburg Work Compensation Lawyer
A work accident can leave you permanently impaired and unable to work. Unfortunately, that doesn’t just put a strain on you. Keep in mind that your family will feel it, too, from the mounting medical debts to the lack of income for daily needs.
Your work compensation benefits should cover your needs, but what if they don’t? That can leave you and your family suffering, which means you’ll need help from the lawyers at HawkLaw, PA. Get started with a case review, and we’ll show you why you were denied, how to fight back, and what you’ll need to appeal your claim. We want you to get the answers you need.
So, contact our team today. A Spartanburg workers comp lawyer at our firm understands how painful a work accident can be, so reach out by calling 1-888-HAWK-LAW (429-5529) or by filling out the following online form below.
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.