Accidents and injuries can happen at any workplace, and when they do, they can severely impact every aspect of your life — from your work, family, to your quality of life. Along with the costs of medical treatment, you may also face difficulty performing your job and earning a living.
During such challenging times, workers’ compensation benefits can be a crucial support system. These benefits can help you get the necessary medical treatment and financial support you need to get back on your feet.
At the Johnson, Johnson, Whittle, Lancer, and Staggs, our skilled Aiken workers’ compensation lawyers are committed to providing you with the best legal representation for your case.
We advocate to ensure that your rights and interests are protected and you receive the benefits you are entitled to. Call (803) 649-5338 to speak with experienced and skilled Aiken personal injury lawyers.
How Does the Workers’ Compensation System Work in Aiken, South Carolina?
It can be scary to end up in the hospital after work. But if that happens, you might be able to get support from workers’ compensation benefits. It provides benefits to those who suffer harm on the job.
Workers’ compensation is a type of insurance employers must have to protect employees who get hurt or sick while doing their jobs. Even if the injury or illness was not the employee’s fault, they can still be eligible for benefits.
In South Carolina, you can file these claims with the Workers’ Compensation Commission, which manages the process. The amount of benefits and specific procedures can vary depending on the situation.
Where Do I Start with My Worker’s Compensation Claim?
If you get injured at work in Aiken, South Carolina, you can file a claim for workers’ compensation benefits. However, there are a few essential things you need to do to qualify for workers’ comp benefits after a job-related injury.
These include:
Notify Your Employer
If you get injured at work in South Carolina, the first thing to do is inform your employer about it as soon as you can. Don’t worry about getting fired – the law protects you from retaliation for filing a workers’ compensation claim.
See a Doctor (& Follow Doctor’s Orders)
Your employer will suggest a doctor affiliated with their insurance provider. If you visit a doctor not in this network, you might need to pay for the expenses yourself. However, there are some exceptions made by the state if you need urgent medical attention and end up going to the emergency room. Follow the doctor’s treatment plan diligently to facilitate your recovery and strengthen your claim.
File a Written Report of Your Injury to Employer
South Carolina law requires that you let your employer know in writing within 30 days of the incident. You should give a detailed report of what happened and any vital information about the injury.
Make a Claim
Once you complete these steps, you can start filing a formal workers’ compensation claim. It involves filling out forms provided by your employer or their workers’ compensation insurance carrier, including all necessary details and supporting documents.
Appeal a Denied Claim (if Necessary)
If your claim for workers’ compensation benefits gets rejected, don’t worry! You can challenge the decision by going through an appeals process. In South Carolina, the Workers’ Compensation Commission has outlined specific steps to appeal the decision.
You must act quickly and seek legal advice from a skilled Aiken workers’ compensation lawyer if required to navigate the appeals process correctly.
What Are the Types of Injuries that Qualify for Workers’ Comp Benefits in South Carolina?
After an accident, you have the right to get the medical help and treatment you need. You can also get therapy services and prescribed medicines. If you have to take time off work because of the accident, you may be able to get financial help. There are other things you may be entitled to as well.
- Traumatic Injuries: These include injuries resulting from sudden accidents, such as fractures, sprains, strains, cuts, burns, and bruises.
- Repetitive Motion Injuries: Conditions caused by repetitive tasks or motions, such as carpal tunnel syndrome, tendonitis, and bursitis, may also qualify for workers’ compensation.
- Occupational Diseases: Illnesses or diseases that develop over time due to exposure to workplace hazards, such as respiratory conditions from exposure to chemicals or lung diseases from asbestos exposure, are typically covered.
- Pre-Existing Conditions Aggravated by Work: If a pre-existing condition is aggravated or worsened by work-related activities, resulting in disability or needing medical treatment, it may qualify for workers’ compensation benefits.
- Psychological Injuries: In some cases, workers may be eligible for benefits for psychological injuries, such as post-traumatic stress disorder (PTSD) or anxiety, if they are directly related to a work-related incident or environment.
Have you recently been injured at work and wondering if you are eligible for compensation? JJWLS lawyers are here to help hardworking workers hurt on the job just like you!
Our team of skilled and compassionate Aiken workers’ compensation lawyers can guide you through determining your eligibility for benefits and even assist you in filing a lawsuit against a third party who may be responsible for your workplace injury.
What Types of Benefits Does Workman’s Compensation Provide?
Here are the types of benefits provided by workers’ compensation:
- Medical Benefits: Workers’ compensation covers medical treatment costs for work-related injuries or illnesses, including doctor visits, hospital stays, surgeries, medications, physical therapy, and other necessary medical expenses.
- Disability Payments: If you can’t work temporarily due to a work-related injury, you may get temporary disability benefits. These payments will cover a part of your lost wages during the disability period. In case of permanent disability, you’ll receive permanent disability benefits that compensate for the loss of earning ability.
- Vocational Rehabilitation: If you cannot return to your previous job due to a work-related injury, workers’ compensation may offer vocational rehabilitation services. It can involve job retraining, education, job placement donations, and other resources to help you switch to a suitable job.
- Death Benefits: If a worker dies due to a work-related injury, their dependents may receive death benefits through workers’ compensation. These benefits cover funeral expenses and financially support the surviving spouse and children to replace the worker’s income.
What Are Some of the Common Challenges to Workers’ Compensation Claims?
In South Carolina, workers injured at work may face different hurdles with workers’ compensation claims. These challenges could make it difficult for them to receive the benefits they deserve.
They include:
- Denied claims
- Disputes over medical treatment
- Disputes over disability benefits
- Vocational rehabilitation issues
- Appeals process
You might be entitled to receive compensation from your employer’s insurance. However, getting what you rightly deserve is not always a smooth process. That’s where an attorney from JJWLS step in to handle all challenges on your behalf.
Our Aiken workers’ compensation lawyer and legal team will collect and organize evidence to support your claim — such as medical records and reports, work-related documents and pay stubs — represent you in negotiations with insurance companies, and help you understand your rights and options under the law.
We routinely partners with reputable healthcare providers to ensure you get the proper medical treatment and guide you through the complex legal process of filing a claim. With our help, you can ensure you get the best outcome for your claim.
What Can South Carolina Injured Workers Do if Their Benefits Were Denied?
If you get hurt while working in South Carolina and your employer denies you compensation benefits, there are several ways to appeal this decision. Some of the reasons for denial may include insufficient proof, disagreement over the cause or severity of the injury, missing deadlines or disagreements over medical treatment or disability benefits.
Level 1 Appeal
The first step of the appeals process for a workers’ compensation claim is filing Form 50 with the South Carolina Workers’ Compensation Commission. The form initiates the process and requests a hearing before a commissioner. During the hearing, the injured worker, attorney, and insurance company may present evidence and arguments to support their case.
Level 2 Appeal
If the decision at the Level 1 Appeal is unfavorable, you can appeal to the Full Commission within 14 days of the Level 1 decision. It involves filing a Form 30, which requests a review of the Level 1 decision by the Full Commission.
Level 3 Appeal
If the Full Commission’s decision is unsatisfactory, you can further appeal to the South Carolina Court of Appeals within 30 days of the Full Commission’s decision. That involves filing a petition for review with the Court of Appeals.
What Are the Differences Between a Personal Injury and a Workers’ Comp Claim?
When you get an injury, there are different ways you can seek compensation. One way is through a personal injury claim, and another is through a workers’ compensation claim. The main differences between these two options are where the injury happened, what requirements you need to meet, and how the process works.
Context of the Injury
Personal injury claims come from accidents or incidents outside the workplace, such as car accidents, slips, falls, or medical malpractice. Workers’ compensation claims are specific to injuries or illnesses sustained while performing job-related duties or activities within the scope of employment.
Fault System and How it Affects Personal Injury and Workers Compensation Claims in South Carolina
Personal injury claims require proving fault or negligence on another party’s part by showing that they failed to exercise reasonable care, leading to the injury. On the other hand, workers’ compensation claims are not based on fault, and employees are entitled to benefits as long as the injury occurred during employment.
Compensation and Benefits
Personal injury claims compensate for medical expenses, lost wages, pain and suffering, and other losses. The amount of compensation depends on the severity of the injury and other factors. Workers’ compensation benefits cover medical expenses, partial wage replacement, vocational rehabilitation, and permanent disability benefits in some cases.
Statute of Limitations
The statute of limitations for personal injury claims ranges from two to three years from the date of the injury, depending on the state. In South Carolina, injured workers usually have two years from the injury or two years from the date they knew or should have known the injury was work-related to file a workers’ compensation claim.
How Does an Aiken Workers’ Compensation Lawyer Get Paid?
In South Carolina, if you get injured at work and need a lawyer to help you get compensation, you don’t have to pay them upfront. Instead, they’ll only get paid if they can successfully get you the compensation you deserve.
That is called a contingency fee – the lawyer’s fee is contingent upon them winning your case. If they win, they’ll take a percentage of your compensation as their fee. But if they’re unsuccessful, you won’t have to pay them anything.
Can I Still Receive Benefits if the Accident Was My Fault?
Yes, and a knowledgeable workers’ comp lawyer in Aiken can help. In South Carolina, if you get hurt while working, you can still get help paying for your medical bills and lost wages, even if the accident was your fault.
That is because of a system called workers’ compensation – employees can get help no matter who caused the accident. As long as you get hurt while doing your job, you can usually get workers’ compensation benefits to help you recover.
Take the scenario below, for example: Suppose you work on a construction site and accidentally hurt your back because you weren’t paying attention, in that case you can still get help paying for your medical bills and lost wages while you recover.
Or, if you’re a delivery driver and get into a car accident while working, you can still get help from workers’ compensation even if the accident was your fault.
Can I Get Fired for Filing a Workers’ Compensation Claim?
If you get hurt at work in South Carolina, you can file a workers’ compensation claim. That means your employer’s insurance will pay for your medical treatment and lost wages caused by the injury. But, you might be afraid to file a claim because you think your employer might get angry and fire you or punish you for it.
However, it’s essential to know that it’s against the law for your employer to do that. They can’t mistreat you because you filed a workers’ compensation claim. If your employer punishes or fires you, you can report them to the South Carolina Workers’ Compensation Commission or file a lawsuit against them.
How Long Can I Receive Workers’ Compensation?
In South Carolina, you may be able to get workers’ compensation benefits to help you financially while you recover. How long you can get these benefits depends on how badly you were hurt and your type of injury.
Usually, people get benefits until they can return to work or attain Maximum Medical Improvement South Carolina – which could be sooner than 500 weeks. But sometimes, benefits can stop too early. If you hire a lawyer who knows about workers’ compensation, they can help you make sure you get the support you need to get better.
Compassionate Advocacy for South Carolina Workers With Our Aiken Workers’ Compensation Lawyers
It’s wrong for companies to harm their employees and not take responsibility. We are a team that cares deeply about helping workers in South Carolina get the support they need and deserve in case of any injury or harm. We have a lot of experience, knowledge, and empathy, and we can help you build a strong case while making the process as stress-free as possible.
By working with Johnson, Johnson, Whittle, Lancer, and Staggs and our Aiken workers’ compensation lawyers in Aiken, South Carolina, you can rest assured that you’re doing everything possible to get the compensation you deserve.
Call us at (803) 649-5338 to schedule a confidential meeting with seasoned Aiken workers’ compensation lawyers today!
