Insurance companies and employers can throw all sorts of hurdles, making your workers’ compensation claims process much harder. They can also complicate your life when you are already receiving benefits. You should consider hiring an experienced workers’ compensation attorney to protect your rights. Reach out to the Columbia workers compensation lawyers at Williams & Roche to discuss your case and learn how we can help.
What is Workers’ Compensation?
The American legal system has numerous protections for workers. In addition to laws that prevent discrimination and govern how employees are paid, most states have a mandate that employers carry workers’ compensation insurance to protect injured employees.
Workers’ compensation is there to give you a safety net when you are injured and unable to do your job as you did before you were hurt. You may be partially or fully unable to work for either a temporary or permanent amount of time. Either way, you are entitled to both medical care and part of your lost wages until you are able to work again. You do not need to pay for workers’ compensation insurance yourself. Instead, it is an expense that your employer must bear as their own cost of doing business.
Workers’ compensation is a legal process that is governed by South Carolina law. Accordingly, you have rights as an injured employee. Nonetheless, you need someone, like our columbia workers compensation lawyers, to look out for your legal rights because they are perpetually at risk.
South Carolina Employers Must Carry Workers’ Compensation Insurance
The law in South Carolina is very clear. Employers who have four or more workers on the payroll must either purchase workers’ compensation insurance, or they must self-insure against claims. If an employer does not have workers compensation insurance, they can be forced to deal with the following consequences:
- Employees can file a claim against an uninsured employers fund, and the employer can be handed the bill and made to pay for the claim costs
- The employee can sue the employer in a personal injury lawsuit, and they may be entitled to significant financial compensation if they can prove that the employer was negligent. Usually, employers who purchase workers’ compensation insurance are immune from employee lawsuits in nearly every circumstance.
It is very rare that an employer does not have some form of workers’ compensation insurance because they know the consequences they may face.
Most Common Workers Comp Claims
Workers’ compensation claims encompass both job-related injuries and illnesses. You may file a workers’ compensation claim under some of the following circumstances:
- You have been hurt in a one-time accident
- The physical effects of your job have caused you repetitive overuse injuries over time
- You have been exposed to people or toxic substances on the job that have sickened you
- The stress of your job has caused mental health issues that make you unable to perform your duties
Sprains and strains are the most common workers’ compensation scenarios, accounting for roughly one-third of claims. While you may think that it is relatively straightforward to show that you have suffered a work-related injury, the insurance company may have other ideas. They are more likely to grant claims when they can see a specific accident that caused your injuries.
Insurance companies are more likely to deny claims when you are reporting symptoms that you are experiencing that may not necessarily show up on an objective test result.
How the Workers’ Compensation System Works in South Carolina
You are legally entitled to workers’ compensation benefits when you can show that you have suffered a job-related injury or illness. First, you would need to notify your employer of your injury within 90 days of it occurring.
Then, you would file a claim with the South Carolina Workers’ Compensation Commission. They would then forward the claim to your employer and their insurance company. You would then receive a decision about whether your benefits have been granted.
Your Benefits in a Workers Compensation Claim
When you were able to prove that you have suffered a job-related injury or illness, you may be entitled to the following benefits under South Carolina law:
- Two-thirds of your average weekly wage before the time that you were injured, subject to a cap that is set by South Carolina law
- Reasonable and necessary medical expenses to treat your injuries
- Prescriptions and other medical equipment that are necessary in light of your physical condition
While you may think that your actual compensation is straightforward, insurance companies and employers often make it more difficult due to their own financial interests.
Workers’ Compensation Is an Exclusive Remedy
Under South Carolina law, you cannot sue your employer in a personal injury lawsuit under practically every circumstance. Your employer has paid premiums for workers’ compensation insurance, and the law gives them some reward. Employers are immune from virtually every lawsuit.
Workers’ Compensation Claims Present Continuing Legal Issues
Even if you have received workers’ compensation benefits already, it does not mean that you will not experience legal issues. One of the most common challenges faced by injured workers is an independent medical examination. Once you are told that you need to see the doctor, there is always a chance that you will be told that you need to return to work. Then, you may need to appeal when your benefits are cut because you have not returned to work.
In addition, you may also need to fight to get the medical care that you need. The insurance company may claim that the recommended care is either not necessarily necessary or unreasonable. You may need to battle the insurance company all along to get them to cover certain treatments that you need.
Why Hire a Workers Compensation Lawyer?
The insurance company has a financial motivation to make your life more difficult. Anything that they pay towards your claim is money out of their own pocket. They could complicate matters at every step of the way because they simply want you to go away. When you hire an experienced workers’ compensation attorney, the insurance company knows that they cannot get away with much.
Workers’ compensation lawyers help you fight back if the insurance company is denying you your rights. Additionally, your lawyer represents your interests during every step of the process.
Ultimately, your attorney could negotiate a settlement on your behalf where you would receive a lump sum payment for your benefits.
Contact Our Columbia Workers Compensation Lawyers Today
The attorneys at Williams & Roche have a unique vantage point because we have seen workers’ compensation claims and the litigation process from many angles. We can bring our experience to bear for you as we stand up to help you get everything to which you are entitled under South Carolina law. The first step is to get in touch with us to schedule a free initial consultation with our Columbia workers compensation lawyers. You can contact us through our website, or you can call us today at 803.784.0503.
