Workers’ Compensation Lawyer

Have you been injured at work due to someone else’s negligence? An experienced Greenville workers’ compensation attorney can help you understand your rights. This includes access to medical expenses, lost wages, disability benefits, and other compensation. A Greenville workers’ compensation lawyer from Maxey McFarland Law can ensure you receive the benefits to which you are entitled. Supportive legal representation can help you handle the workers’ compensation system and get the compensation you deserve.

What Is Workers’ Compensation in South Carolina?

Employers in South Carolina are required to carry workers’ compensation insurance if they employ four or more workers. Workers’ compensation insurance is a type of coverage designed to protect workers who are injured or become ill due to their jobs. In South Carolina, this insurance provides essential benefits, including medical expenses and lost wages, for employees hurt on the job. Workers’ compensation typically applies regardless of who caused the accident or injury, ensuring employees get the care they need without worrying about proving someone else caused their injuries.

Workers’ compensation aims to help injured workers recover and return to work. In exchange for these benefits, employees generally cannot sue their employer for compensation. Workers must report their injury to their employer within 90 days, and the employer is responsible for notifying the workers’ compensation insurance company. Once notified, the insurer will handle the claim and inform the South Carolina Workers’ Compensation Commission.

The system helps ensure that employees receive timely medical care and wage replacement while protecting employers from costly litigation. It is important to hire an experienced personal injury and workers’ compensation attorney in Greenville who can help you handle the complex system of the workers’ compensation process and get the treatment and compensation that you deserve.

Types of Workers’ Compensation Benefits

In South Carolina, workers who suffer from a job-related injury or illness are generally entitled to workers’ compensation benefits to cover medical costs, lost wages, and other necessary support. These benefits play a crucial role in helping employees recover after a workplace injury and ensure they can focus on healing rather than worrying about financial burdens. Here are the different types of workers’ compensation benefits that injured employees may receive:

Medical Benefits  

Workers’ compensation covers the reasonable and necessary medical bills and expenses related to a work injury. This includes doctor visits, hospital stays, surgeries, medications, and ongoing treatment, such as physical therapy. These benefits allow employees to receive comprehensive care for their injuries without having to worry about the costs.

Disability Benefits  

If an injury causes partial or total disability, workers may receive wage replacement benefits. Typically, this amounts to two-thirds of their average weekly wage, helping to ease the financial burden during recovery. There are four types of disability benefits:

• Temporary Partial Disability (TPD): For employees who can work but in a reduced capacity. Benefits cover two-thirds of the difference between pre-injury and current wages.
• Temporary Total Disability (TTD): If an employee is unable to work at all during recovery, they can receive two-thirds of their average weekly wage.
• Permanent Partial Disability (PPD): For permanent, but not total, disability, employees receive compensation based on the severity of their impairment and the part of their body that was injured.
• Permanent Total Disability (PTD): In cases of total disability, workers may be eligible for lifetime benefits or up to 500 weeks of payments.

Vocational Rehabilitation  

Some injuries may prevent workers from returning to their previous jobs. Vocational rehabilitation benefits provide retraining or education to help these employees enter a new field of work so that they can continue to earn a living. This support is essential for those who need to develop new skills to secure a job after their injury.

Death Benefits  

If an employee tragically dies due to a work-related injury, their surviving family members may be entitled to death benefits. These include wage replacement (typically two-thirds of the deceased worker’s average wage) for up to 500 weeks and coverage for burial expenses. Death benefits provide financial support to families dealing with the loss of a loved one and the related expenses.

Workers’ compensation benefits provide a vital safety net for injured workers and their families, helping them through difficult times without the added stress of financial loss. These benefits are critical to ensuring injured employees and their families receive the support they need.

Common Work Injuries

Workplace injuries can happen in any industry, and the severity can range from mild to life-altering. Here are some of the most common work injuries that can result in a workers’ compensation claim:

Repetitive Motion Injuries  

Repetitive motion injuries, such as carpal tunnel syndrome or tendonitis, develop over time due to repeated movements. These injuries can cause chronic pain and require ongoing medical care. Workers in jobs that involve typing, lifting, or repetitive use of machinery are especially at risk.

Slip-and-Fall Injuries  

Slips, trips, and falls are some of the most common workplace accidents. They can happen due to wet floors, uneven surfaces, or cluttered walkways. Injuries from falls can range from sprains and fractures to more serious issues like head trauma or spinal injuries. You can hire a premises liability lawyer to help with your slip and fall injury.

Falls from Heights

When a worker’s job requires them to perform their tasks in an elevated environment, falling is literally an occupational hazard. A fall from a significant height can result in devastating injuries that could leave a person with life-changing traumatic brain injury or paralysis.

Back and Neck Injuries  

Lifting heavy objects, awkward movements, or sudden impacts can result in back and neck injuries. These injuries might cause severe pain and limit mobility. In some cases, workers may experience long-term issues like herniated discs or even permanent spinal damage.

Broken Bones  

Fractures and broken bones are common in high-risk jobs like construction, manufacturing, or any work involving heavy machinery. A serious break may require surgery and extensive rehabilitation, leaving the worker unable to perform their job for months.

Head Injuries  

Head injuries, including concussions and traumatic brain injuries (TBI), can happen from falls, being struck by an object, or vehicle accidents on the job. These injuries often require immediate medical attention and can have long-lasting effects on cognitive function and physical abilities.

Hearing Loss

When a worker’s job requires them to function in extremely loud environments, hearing loss is not uncommon. This is a compensable injury under workers’ compensation laws. 

Amputations  

Workers are at risk of severe injuries, such as amputations, in industries involving machinery or heavy equipment. These catastrophic injuries can be life-altering, requiring extensive medical care and rehabilitation.

If you’ve experienced any of these common work injuries, it’s crucial to file a workers’ compensation claim as soon as possible. Delaying your claim could impact your ability to receive the benefits you deserve to help cover medical costs and lost wages.

How to Make a Workers’ Compensation Claim

In South Carolina, the workers’ compensation process is designed to help employees recover from workplace injuries without added stress. Here’s how to get started:

1. Report the Injury  

The first step is to report your injury to your employer as soon as possible. It’s best to do this in writing, providing clear details about how and when the injury occurred. In South Carolina, you must report your injury within 90 days, or you may lose your right to claim benefits.

2. Seek Medical Treatment  

Once you’ve reported the injury, you should seek medical attention immediately. In an emergency, you can visit any healthcare provider for initial treatment. Afterward, your employer has the right to choose your ongoing medical providers for work-related injuries.

3. Employer Files the Claim  

After you notify your employer, they are responsible for reporting your injury to their workers’ compensation insurance company. The insurance company will then review the claim and begin investigating the incident.

4. Insurance Investigation  

The insurance company will investigate the details of your accident to ensure your injury is work-related. They may gather evidence, review medical reports, and assess the extent of your injury.

5. Approval or Denial of the Claim  

Once the investigation is complete, the insurance company will either approve or deny your claim. If approved, you will begin receiving benefits for your medical expenses and lost wages. If your claim is denied, the denial letter will explain why, and you can take steps to appeal the decision.

What Happens After a Denied Workers’ Compensation Claim?

Receiving a denial for your workers’ compensation claim can be frustrating, especially when you’re counting on those benefits to cover medical expenses and lost wages. However, a denied workers’ compensation claim doesn’t mean the end of your case. In fact, many claims are initially denied due to missing information or minor technicalities. Here’s what to do next if your claim is denied:

Understand the Reason for Denial  

When your claim is denied, the insurance company will send a letter explaining the reasons for the denial. Common reasons include late reporting of the injury, lack of evidence proving the injury occurred at work, or disputes over the severity of the injury. Carefully review the denial letter to understand why your claim was rejected.

File Your Claim with the Workers’ Compensation Commission  

If you believe your claim was wrongfully denied, you and your workers’ compensation lawyer in Greenville can file your claim with the Workers’ Compensation Commission using Form 50. It’s important to act quickly, as you have only two years to file your claim with the Commission. 

Request a Hearing  

When you file your Form 50, you can mark “I am requesting a hearing” to have your case heard by a workers’ compensation Commissioner. During the hearing, you’ll have the opportunity to present your case, including medical documentation and any other evidence that proves your injury is work-related. The commissioner will then make a ruling based on the facts.

Consider Legal Assistance  

Taking your claim before the Commission can be challenging. You’ll be in an informal court setting and must plead your case before the Commissioner, present evidence, and answer their questions. Many workers find it helpful to consult a workers’ compensation attorney who can guide them through the process and advocate for their rights. An experienced Greenville personal injury attorney at Maxey McFarland Law can help gather the necessary evidence, prepare for the hearing, and increase your chances of getting the benefits you deserve.

Don’t Give Up  

A denied claim doesn’t mean you’re out of options. The workers’ compensation system is designed to provide benefits to injured workers. If the Commissioner denies your claim, you can appeal their decision within 14 days of the day you receive their order. By understanding the reasons for denial and taking the proper steps to appeal, you can work toward getting the compensation you need to recover.

Contact a Greenville Workers’ Comp Lawyer Today

Contact Maxey McFarland Law today at (864) 900-4231 or call us to speak with an experienced Greenville worker’s compensation attorney. Our team of lawyers has helped many satisfied clients seek justice and compensation for the harm done to their loved ones due to negligent medical care. We can provide you with a free consultation and free case evaluation with our workers’ comp lawyers who have years of experience in filing a workers’ compensation claim.