If you have been injured on the job, you may be able to qualify for workers’ compensation benefits. South Carolina workers’ comp offers assistance that can cover your medical care and help keep you afloat financially until you can return to work.
However, the legal process to obtain these benefits is not always easy. You need an experienced Charleston workers’ compensation attorney to handle your claim.
The Hartman Law Firm, LLC represents injured Charleston area residents in the workers’ compensation legal process. When you need a diligent and attentive workers’ compensation lawyer, call attorney Frank Hartman for help.
How You Can Claim Workers’ Compensation Benefits
The first key step in your South Carolina workers’ compensation injury claim is to notify your employer of your injury. State law requires you to provide your employer a notice within 90 days of your injury, or else you can lose the right to claim benefits.
You would then file your claim with the South Carolina Workers’ Compensation Commission.
Your claim would include information about what happened and medical records that provide evidence of the extent of your injuries. You have the burden of proof to show that you suffered a job-related injury or illness, which you must meet to qualify for benefits.
You would then learn whether your claim has been granted or denied. If the initial response to your claim was a denial, you still have legal options.
You can hire Frank as your workers’ compensation attorney, and he will help you fight back.
Believe it or not, you have a reasonable chance of a favorable outcome in your claim when you file an appeal.
Other options include persuading the SCWCC to overturn the insurance company’s denial of your claim, or you could negotiate a settlement with the insurance company. You are entitled to your day in court, and the insurance company does not get the last word about your benefits.
Why Hire Frank for Your Workers’ Compensation Claim?
You should consider contacting an experienced workers’ compensation attorney after your injury and before you file your claim.
Workers’ compensation claims are not as straightforward as you think. There may be numerous legal issues involved, both at the outset of your claim and while you are receiving benefits.
When you hire Frank as your attorney, he will be your guide in the process and your defender and advocate when you need it. Unfortunately, insurance companies do not always make your workers’ compensation claim easy, and you may need a lawyer to represent you.
Once we have an attorney-client relationship, here are some ways that we can help you:
- Keep you aware of all relevant deadlines
- Prepare your workers’ compensation claim and file it on your behalf
- Communicate with your workers’ compensation insurance company
- Represent you in an appeal if your initial claim is denied
- Advocate for you in all issues relating to your claim, including whether and when you need to return to work and what medical costs are paid for
- Negotiate a workers’ compensation settlement on your behalf
Dealing with the details of your workers’ compensation claim can be challenging, especially when you are already injured or sick. You can leave the hard work to us, allowing you to focus on your health.
Your Workers’ Compensation Benefits in South Carolina
Workers’ compensation benefits are intended to cover a portion of your lost earnings, as well as the reasonable medical expenses necessary to treat your injuries. They do not compensate you for the non-economic damages associated with your injuries.
Specifically, you are paid two-thirds of your average weekly wage before your injury, subject to a statutory cap under South Carolina law. If you have suffered a permanent disability, you would be compensated based on your percentage of disability, as determined by an independent medical examiner.
If your loved one has died from a work-related injury, your family would be entitled to a workers’ comp death benefit. The surviving spouse or dependent child could be paid two-thirds of the deceased worker’s average weekly wage for up to 500 weeks. Workers’ compensation may also pay for funeral and burial costs. The family may choose to negotiate a workers’ compensation death settlement.
It is common for injured workers to have disputes with the insurance company about which medical coverage they can receive and from where. As your lawyer, Frank will fight for you to get all the medical care that you need to recover from your injuries to the fullest extent possible.
As our client, we will not allow the insurance company to nickel and dime you when it comes to your treatment. Insurance companies are more likely to try and take advantage of you when you do not have an experienced lawyer representing you.
You Cannot Sue Your Employer in South Carolina
There is a trade-off when your employer purchases workers’ compensation insurance coverage to protect you. The law makes them immune to personal injury lawsuits filed by employees and nearly every circumstance. The only way that you can sue your employer is if they fail to purchase workers’ compensation insurance or if they intentionally cause you harm.
There are situations in which you may be able to sue a third party who caused your injury. For example, if you were injured by the employee of another contractor working at a job site, you may be able to sue that company.
Generally, you want to try to find a way to file a third-party lawsuit because it could result in more compensation to you if you win the case. You would be able to receive non-economic damages, such as pain and suffering, and the full lost wages that you would have earned.
Contact Our Charleston, SC Workers’ Compensation Lawyer
For well over a decade, Frank has made it his mission to stand up and fight for the rights of those who have suffered injuries. Frank understands what insurance companies can do to people in the legal process because he has seen it happen time and again.
When you hire Frank as your attorney, he will do everything in his power to protect you from the overreach that insurance companies are capable of in the workers’ compensation claims process. You can schedule a free case review with Frank, where he will go over the plan for your potential claim. To speak with Frank or a member of his team, use our website’s online form or call us today at 843.300.7600.
Workers’ Compensation FAQs
What is light-duty work?
An independent medical examiner may determine that you are ready to return to work in some capacity. However, you may not be able to fully resume the duties that you performed before your injury. Your employer may take you back on the job, subject to some restrictions. This is what is known as light-duty work.
Are there types of workers excluded from workers’ comp?
South Carolina employers are required to purchase workers’ compensation insurance if they have four or more employees working for them. The requirement to provide workers’ compensation in South Carolina applies only to employees.
If you are an independent contractor, you do not receive workers’ compensation benefits, but we can challenge that classification. Temporary employees are covered by workers’ compensation.
How long can you stay on workers’ comp in SC?
You can receive workers’ compensation benefits in South Carolina for as long as you are injured. State law caps the duration of your benefits at 500 weeks. You may decide to collect your benefits all at once in a lump sum settlement agreement. We can discuss whether to accept a structured or lump sum payment.