Workers’ Compensation Attorney Serving Anderson, SC

Key Takeaways

• You are eligible for workers’ compensation if your company carries workers’ comp insurance and you were injured on the job.
• Partnering with a workers’ compensation lawyer will help minimize your chances of a work comp denial.
• You can be compensated for 66 2/3% of your average weekly wages and for your medical treatment as well as permanent injury payments.
• It’s usually advisable to have a workers’ compensation lawyer help you with your claim.
• You must report any personal injury sustained on the job to your employer within 90 days of the injury.

If you’ve suffered a personal injury at work and don’t know what to do, don’t panic. Call a HawkLaw workers’ compensation lawyer serving Anderson to get started on a workers’ compensation claim today.

Thousands of people are injured at their workplaces each year, but because of South Carolina’s workers’ compensation laws, you have options when you’ve been injured at work. You have every right to submit a workers’ compensation claim when you were hurt at your place of employment.

It does not matter who or what caused the accident; you can still receive workers’ comp benefits. Some workplace personal injury cases are clear-cut, and the victims won’t have too much trouble proving their claims, but other cases can be a little more difficult to prove.

For instance, if you are injured while driving for work, will you be eligible for compensation? It will depend on your job duties and your situation. You will also need to prove that you were on the clock at the time of the crash. Seeking legal help from a workers’ compensation lawyer serving Anderson can greatly assist you in winning a workers’ comp claim.

Anderson cases are primarily handled out of our Greenville office.

How Long Do You Have to Work in South Carolina to Be Eligible for Workers’ Comp?

How long you or a family member have worked for a particular company in South Carolina does not impact eligibility for workers’ compensation. You are eligible if your company carries workers’ comp insurance and you were injured or became ill on the job. As long as you file in time to meet the deadline and are an employee at a company that carries workers’ compensation insurance, you should be eligible for benefits if you were injured on the job. Some workers, like seasonal employees, people placed by temp agencies, and agricultural workers, may be subject to unique secondary rules, so it is best to seek legal representation from a workers’ compensation lawyer to navigate these legal issues.

How Long Can You Receive Workers’ Comp in Anderson, South Carolina?

In Anderson, Columbia, Spartanburg, upstate, and other areas of South Carolina, you may be able to receive workers’ compensation benefits for up to 500 weeks. While this is the general cap, your specific situation may further limit how long you can receive benefits to help with lost wages. Missing at least a week of work due to a personal injury will entitle you to two-thirds of your average weekly salary starting on the eighth day following the date of your personal injury or illness. If you are out for two weeks or more with a serious injury, you can file for retroactive back pay for your lost wages up to the first day of work you missed.

Certain kinds of personal injury cases have no cap, and these are the injuries that either take an extraordinarily long time to heal or will likely never heal. Some common examples include paralysis and traumatic brain injury, though even then the extent of your benefits will vary based on the unique conditions of your case and the medical bills you are facing. That is why a workers’ compensation lawyer is vital for your case.

Can You Be Fired While on Workers’ Comp in Anderson, South Carolina?

South Carolina is an at-will employment state, so you can actually be fired while on workers’ compensation. In fact, you can be fired for just about any reason at all. There is an exception, however, when it comes to workers’ compensation. If you are fired specifically as a retaliatory measure for getting on workers’ comp, that is prohibited by the law. Even in these cases, though, it is on the employee to demonstrate that their termination is retaliatory in nature. A workers’ compensation lawyer can help.

As a disclaimer, employers who fire South Carolina personal injury victims for getting on workers’ comp will try to defend their actions through an affirmative defense, arguing that the termination was for another reason. These reasons can include:

• Being frequently late or absent
• Being involved in disorderly conduct on the job
• Being under the influence on the job
• Embezzling or otherwise stealing from the company
• Violating a written and well-established company policy

To make sure you are protected, you may want to enlist the services of personal injury attorneys whose practice areas extend to workers’ compensation.

Why Do Insurers Deny Anderson Workers’ Compensation Claims?

Even though you may be entitled to workers’ compensation benefits, the insurance company can deny your claim. Why would they do this to you?

Unfortunately, there are some people who try to abuse the workers’ comp system and submit fraudulent claims. They will try to pass off a personal injury that occurred outside of their work duties as a work-related injury because they hope to obtain the benefits.

Additionally, some insurers simply don’t want to pay out on claims because they lose money when they do so. This means they will be going through your claim very carefully, looking for any reason to deny you.

That’s why partnering with a workers’ compensation lawyer can be of great help to you. Your lawyer will make sure you follow the rules and time frames for submitting a claim, minimizing your chances of a work comp denial.

Benefits You Deserve for a Work Injury in Anderson, SC

Your workers’ compensation lawyer serving Anderson will work diligently to see that your claim is approved and that you receive the benefits owed to you for your injury. You can be compensated for 66 2/3 percent of your average weekly wages and for your medical treatment, and you may also be eligible for permanent injury payments.

What Happens if My Workers’ Comp Is Denied in Anderson, SC?

If a loved one’s or your workers’ compensation claim is denied, you will likely get a specific reason for the denial, similar to denied Social Security claims. Understanding the reason for your denial will determine how any appeals are approached in the future. Here are some of the most common reasons personal injury lawyers at our law offices see for workers’ compensation claims being denied.

Injury Is Not Related to Work

Workers’ comp claims specifically must be related to injuries that were sustained on the job. If the personal injury is deemed to not have occurred at work or be related to work, your claim will be denied. If you are injured in a car accident or truck accident on the way to work, you may want to seek legal advice from a workers’ compensation lawyer, as these cases can be tricky.

Missed Deadlines

In South Carolina, you are required to report any personal injury sustained on the job to your employer within 90 days of the injury or when you discovered you were injured. In terms of legal workers’ compensation benefits, the statute of limitations for claims is two years from the date of the personal injury. Generally, it is best to alert your employer and take the appropriate actions as soon as possible to avoid any missed deadlines, including contacting a workers’ compensation lawyer.

Misbehavior at Work Led to Personal Injury

Some employers may try to deny workers’ compensation to employees who were injured while behaving in a way that is prohibited at work. For example, if the employee was under the influence of alcohol or was disobeying safety protocols, that employee may not be entitled to benefits. In general, though, an employer is expected to cover workers’ compensation regardless of fault.

Incorrect Employee Classification

Full-time employees are entitled to workers’ compensation benefits, while independent contractors are not. If you are erroneously classified as an independent contractor when you are an employee, your claim could be denied. Remember that the law focuses on the actual relationship between you and your employer rather than the label they give your position.

Pre-Existing Conditions

A claim can be denied if your personal injury was caused by a pre-existing condition rather than an incident at work. Even so, you may still be able to receive benefits if a personal injury at work hastened or worsened a pre-existing condition. A workers’ compensation lawyer at an injury law firm serving Anderson workers can help you demonstrate that your condition was affected by a work-related injury.

Inadequate Evidence of Personal Injury

The burden of proof for your work-related injury is comprehensive, so your claim could be denied due to a lack of evidence. Remember that not only do you have to present the details of your personal injury, but you also must demonstrate how it prevents you from working to the degree you were before. A testimonial from your attending physician can greatly help your case, similar to how these statements are impactful in auto accidents and even medical malpractice cases.

How Long Does the Appeals Process Take?

The appeals process can take several months to finish, but the overall time period depends on how your appeal is received. Working with a law firm that has years of experience serving Anderson workers will likely put you in a better position for a shorter time period. The South Carolina Workers’ Compensation Commission has three options when it comes to any appeal: dismiss the appeal, deny the appeal, or grant the appeal.

Granting the appeal will put an end to the process, but a dismissal or denial can still be appealed further. If you file for a review with a state appellate court in the wake of a denial or dismissal, you could give your appeal another chance, but some jurisdictions do not allow courts to reverse any decisions made by the appeals board if their decision was deemed reasonable. Workers’ compensation lawyers can help you through the process, and it begins with a free consultation* with our team.

Partner Up With a Work Comp Lawyer Serving Anderson, South Carolina

Getting your workers’ compensation claim approved can be challenging, and you should be focused on recovering from your personal injury right now. You may not have the energy to collect evidence to prove your claim or argue with an insurance company. Fortunately, you don’t have to file workers’ compensation claims on your own, and it’s usually advisable to have a workers’ compensation lawyer help you with your South Carolina claim.

To achieve the best outcome for your claim possible, speak with a workers’ compensation lawyer serving Anderson at HawkLaw. Reach out to us through our online contact form or call 1-888-HAWK-LAW (429-5529) for a free case review.*