Accidents can happen anywhere, anytime. The daily tasks of an employee may make them vulnerable to potential dangers of all kinds, including machinery accidents, car accidents, repetitive use illnesses, slip and fall accidents, muscle strain, and many others.
Fortunately, the law protects all employees from losses they may incur from such accidents, through the workers’ compensation system. In almost all cases, any employee who is hurt on the job in South Carolina is eligible to receive some sort of benefits through the workers’ comp system.
However, receiving these benefits can be a challenging endeavor, as it’s sometimes difficult to prove that the illness or injury did happen while on the job. Moreover, employers and their insurers may want to underpay or deny your claim to protect their bottom line. This is where a workers’ comp lawyer comes in.
The experienced workers’ comp lawyers at McDougall Law can help you stand up for your rights and pursue the compensation you need and deserve. We understand the legal battle ahead of you, and we can help you obtain full workers’ compensation from your employer, including permanent and temporary disability benefits.
What is Workers Compensation?
According to the South Carolina Workers’ Compensation Act, workers’ compensation is the type of insurance meant to protect employees who get injured or suffer injuries while on the job.
The insurance provides benefits for medical expenses as well as lost earnings and is designed to apply no matter who is at fault for the accident or how the injuries occurred.
Under this system, employers essentially avoid the risk and the financial loss they may incur from employees seeking compensation for the damages associated with their medical treatment, lost wages, and disability. This is done in exchange for the no-fault benefits given to the employees.
Still, injured workers need to report their injuries to their employer within 90 days of the incident. In turn, the employer has to make sure that the injured worker receives ample medical attention and notifies their insurance provider of the injury.
The insurance company is responsible for notifying the South Carolina Workers’ Compensation Commission about the injury.
In some cases, employees may feel like their employer or their insurance company might resist paying the benefits and choose to blame the injury on something they did off duty. However, you should never shy away from reporting a workplace injury and pursuing the benefits you deserve under the law.
Workers compensation will pay for:
- Medical expenses
- Lost wages from time spent away from work
- Physical impairment, disfigurement, and loss of limbs
- Temporary or permanent disability
- Reimbursement for mileage costs to see your physician, specialist, or pick up prescriptions
- Death benefits
The experienced Walterboro workers compensation lawyers at McDougall Law Firm can help you navigate the complex workers’ comp legal process, protect your rights, and help you work through any obstacles that may come up along the way.
We can also help you file the necessary paperwork, prepare and attend the necessary hearings, and appeal any claim denials where necessary.
What Does a Workers Compensation Lawyer Do?
A workers’ comp lawyer is quite similar to a personal injury lawyer, but they focus on workplace injuries.
They are therefore better suited to help you handle workplace-related injury claims, and pursue compensation for medical bills, lost wages, and the pain and suffering caused by an injury suffered while under the scope of your work requirements.
The following are some of the key things a workers’ comp lawyer will help you with:
Ensuring You Receive the Benefits You’re Entitled to
Workers’ comp benefits often include medical expenses, lost wages, and benefits for total and partial disability based on a specific schedule. The exact amounts that you are entitled to will depend on the amount of money you earned before the accident, and the nature and severity of the injury.
You might start receiving your workers’ comp benefits and later find out that you’re not receiving the full amount as you should. Under such a situation, your attorney will review the claim and work with you to pursue the amounts you’re entitled to under the law.
Your lawyer will also help you manage your expectations about what you should receive as compensation. For instance, lost wages are usually paid at about 66% of your weekly wages, not the full 100%.
Plus, unlike in other personal injury claims where the victim might be compensated for emotional distress, pain and suffering, and other similar losses, the workers’ comp system is quite limited in the types of benefits you can receive.
Helping You Pursue a Denied Claim
In some cases, the insurance company may deny workers’ comp claims for a variety of reasons. For some of these cases, it turns out that the claim was never filed, or that it was filed incorrectly.
In such a situation, your workers’ comp lawyer will help you move your claim forward to ensure that you receive the full benefits as you recover from your illness or injury.
In case your claim wasn’t filed due to your employer denying your illness or injury, your attorney will work with you to develop a strong case that you can then file with the Commission.
Building a Strong Case to Prove Occupational Illness
Workers’ compensation benefits should also pay workers who developed a covered illness or disease as a direct result of the working conditions. However, in most cases, it’s often more difficult to get benefits for occupational illnesses than for injuries.
This is because injuries tend to be acute, while illnesses develop over time, which makes it difficult to point out where they started.
It’s often quite clear when an injury occurred while on the job, but it might be more challenging to demonstrate that a condition or illness gradually developed as a direct result of the working conditions. Pre-existing illnesses or conditions may complicate this even further.
Your workers’ comp lawyer can help you build a strong case and collect the necessary evidence to boost your chances of making a successful claim for occupational illness benefits. Since proving occupational conditions is quite challenging, it’s important to choose a lawyer who has had success with similar cases in the past.
Preparing You and Representing You in Hearings
Ideally, your workers’ comp claim would be accepted the first time without delay, and you would receive the fair amount of benefits that you’re entitled to. However, this doesn’t always happen, and your case might end up in a hearing.
This might be because your employer or their insurer is disputing your claim.
A lawyer can help you prepare for these hearings, and let you know everything you can expect at each step of the way. They will also represent you at the hearings to represent your best interests.
Helping You Avoid Mistakes
Some simple mistakes such as not submitting the necessary paperwork or missing deadlines could derail your workers’ comp claim. Some mistakes come from not knowing the rules, such as unknowingly going to see your personal doctor other than the doctors that the employer insurance provider selects.
A lawyer can help you avoid such mistakes that could otherwise complicate the claim.
How Can McDougall Law Firm Help You Secure Your Benefits?
Once you file your workers’ compensation claim, your employer’s insurance provider will investigate the claim and establish whether the injury in question is covered under the policy.
It’s important to know that most insurance companies are quite smart when it comes to minimizing insurance payouts, after all, this is how they make their money.
If you are injured in a workplace accident or you suffer an occupational injury, you should work with an experienced SC workers’ comp lawyer who is knowledgeable about the workers’ comp system. Such a lawyer will be better placed to stand up for your rights, go after the insurance company, and seek full benefits on your behalf.
Our workers’ comp lawyers are always prepared to help you navigate the claims process by:
- Thoroughly investigating the incident
- Identifying the liable parties to see if a third-party claim could be filed
- Handle communication with the insurance company and your employer
- Collect detailed evidence to support your case
- Negotiate fair settlement amounts for your workplace injuries
If you feel like your employer retaliated against you for filing a workers’ comp claim, your attorney can help you fight for your rights and seek justice.
Consult with an SC Workers’ Compensation Lawyer Today
If you or a loved one suffered an occupational illness or a workplace injury in Walterboro, get in touch with the workers’ compensation lawyers at McDougall Law.
We know how workplace injuries can change your life. The workers’ comp system is designed to provide injured workers with some income replacement and cover their medical bills for work-related illnesses and injuries.
Our knowledgeable attorneys will carefully review the facts of your case to determine your best legal actions. We understand the complexities of the workers’ comp laws in South Carolina, and we will fight aggressively to win you the compensation you need and deserve.
Our team is made up of experienced negotiators and litigators who can effectively handle insurance companies. Call 843-438-4386 today to talk to a SC workers compensation lawyer and take the first step toward getting the justice you deserve.
