Columbia Workers’ Compensation Attorney

Because almost all South Carolina employers are required to carry workers’ compensation insurance, most workers in our state who are injured on the job are qualified to receive benefits to help cover the costs of lost wages and medical expenses while they spend time recovering. An experienced Columbia workers’ compensation lawyer will work hard to help you receive full compensation and benefits.

Although it is inevitable that accidents will happen, under South Carolina law, an employer is still responsible for keeping the work environment safe for every employee. This includes preventing accidents that may result in slips, falls, chemical burns, and injuries from faulty equipment or machinery. This also includes doing everything possible to prevent injuries from hazardous work conditions, lenient safety regulations, or the carelessness of fellow workers.

It’s important to contact an experienced workers’ compensation attorney if you’re struggling to receive benefits from workers’ compensation insurance because insurance companies have little incentive to act in an employee’s favor after a workplace injury.

What Are the Most Common Work-Related Injuries in Richland County?

Workplace injuries can happen anywhere at any time. If you are injured on the job, tell your employer immediately so you can get the medical care you need right away. Then, as soon as you can, you should contact a Columbia law firm that has helped injured workers file workers’ compensation claims when necessary.

As you start looking into your legal options, you should get to know some of the most common injuries that may occur on the job:

• Falling Injuries. People who work on elevated surfaces or on ladders have a risk of fall injury if they don’t have the right safety equipment. Even if you’re not in a job where you have to work on elevated surfaces, you could fall downstairs that are uneven or slip on a wet spot on the floor that wasn’t properly marked.
• Tripping Injuries. Messy floors or unorganized wires could trip anyone who thought the floor was clear, leading to injured workers.
• Reaction Injuries. Sometimes, when we’re about to fall, we catch ourselves to try to prevent the fall. However, when you do this, you might end up straining or hurting your muscles because you’re making harsh, sudden movements.
• Contact Injuries. You can have some very serious head injuries when objects fall from shelves, or someone drops something on you.
• Machine Injuries. Factory workers are at risk of machine-related injuries. Pieces of clothing, hair, or shoes that aren’t properly secured can get caught in the equipment and could lead to potentially traumatic injuries.
• Burn Injuries. If you work around chemicals, machines, or wires, you could possibly get a burn if safety precautions aren’t followed. Burn injuries can still occur in other workplaces, too.

There are many types of injuries that can happen in a work-related accident. They can include everything from broken bones or traumatic brain injury to occupational diseases, such as mesothelioma. No matter what caused your work-related injury, you’ll likely need medical care and some time to recover, which means you’ll be dealing with medical bills and missed wages.

So, even if you don’t see your work injury mentioned on the list above, we urge you to still reach out to our law firm for a free case evaluation. During this meeting, we can identify how you were injured and then go over your legal options, such as seeking wage replacement, the costs of medical treatments, and any other losses you can recover in your claim.

What Is and Isn’t Covered by SC Workers’ Comp?

You might be wondering what workers’ comp benefits cover. In general, compensation is meant to help you get through this difficult workplace injury so you can focus on recovery and get back to your daily life.

Expenses You Can Receive Benefits For

As a result, workers’ compensation benefits cover a range of costs related to workplace injuries, including:

• Medical Expenses. This includes everything from hospital stays to prescriptions you might need as you recover. The South Carolina Workers’ Compensation Commission states that you’re entitled to receive all necessary medical treatment that will help your injury. To get these medical benefits, you have to go to the doctor chosen by your employer.
• Future Medical Care. It’s possible that your injuries will have future expenses for the care you will need. Your workers’ compensation could cover this ongoing medical treatment as well.
• Lost Wages. If your injury prevents you from working, you can get compensation for the wages you’ve lost.
• Money for Permanent Injury. If you get an on-the-job injury that you’ll now have for the rest of your life, you can get compensation for that injury through the workers’ compensation system.
• Penalties. If the carrier doesn’t follow certain rules or doesn’t follow the correct procedures for handling your workers’ compensation benefits, you can get compensated for their mistakes.

Uncovered Losses

But you should also be aware of what your benefits don’t typically cover. This will help you have realistic expectations when you speak with your Columbia workers’ compensation lawyer.

For example, if you were in a fight or aggressively fooling around at work and got injured, those injuries will most likely not be covered. Self-inflicted injuries are not typically covered through the workers’ compensation system, either. So before you file a workers’ compensation claim with your employer, you should talk to a Columbia law firm first to find out if your injuries have a chance of being covered.

You should also note that getting hurt while intoxicated, such as being under the influence of drugs or alcohol at work, will not be covered, either. This is because these injuries didn’t arise due to a workplace hazard. They were caused by the injured workers themselves, so the employer isn’t required to cover them. It’s important to know your company’s policies on this because if your actions were found to be in violation of policy, that could mean that your injuries aren’t covered by workers’ compensation.

Note that psychiatric injuries or issues, such as stress, will also not be covered. Workers’ compensation laws don’t require this type of coverage, so your employer’s insurance company doesn’t have to pay for any medical treatment arising from mental conditions.

How Can a Columbia Workers’ Compensation Lawyer Help You?

When you’re dealing with an injury that occurred at work, you may begin to go through the legal process to get your benefits. The process should be straightforward and result in you getting sufficient compensation for the accident and your losses. However, if your employer or the insurance company tries to prove they weren’t responsible for the accident, then the process becomes complicated. That’s why it’s so important to have a legal team on your side that can fight for the rights of injured workers like you.

Our attorneys are here to protect your rights and make sure you get the recovery you deserve after a work-related injury. To accomplish this, our workers’ compensation lawyers will do the following:

• Analyze the Evidence. Examining the accident report, medical documentation, and any other components of evidence that show how the accident occurred or the extent of your injuries will help your lawyer show how you have a valid claim and deserve compensation.
• Apply the Law. Our attorneys will make sure the law is applied correctly to your case. For example, if the insurance company wrongfully denies your claim, we’ll build a case with strong evidence to prove you deserve workers’ compensation benefits.
• Communicate with the Insurance Company. Dealing with an insurance company can be intimidating, and you may accidentally provide information that can be used to affect your benefits. Our workers’ compensation attorneys have years of experience handling insurance companies and giving you the strongest chance of receiving your compensation.
• Ensure Everything Is Filed Correctly. We’ll help you file the paperwork and ensure it gets to the right channels. You won’t have to worry about technical errors preventing you from your workers’ compensation benefits.

When you have workers’ compensation attorneys in Columbia working on your case, you won’t have to worry about mistakes or forgotten details. You’ll have someone with legal experience fighting for you to get fair compensation and benefits after a work-related injury that qualifies you for workers’ comp.

At The Solomon Law Group, LLC, we believe in helping the hardworking people of South Carolina. When an insurance company tries to prevent you from getting the compensation you deserve, we’ll be at your side and stand up for your rights.

How Does the SC Workers’ Comp Claim Filing Process Work?

These are the steps that many injured workers will need to go through when filing workers’ compensation claims. With a lawyer at your side to answer your questions and help you through the process of getting workers’ comp, you can rest assured that you are protecting your best interests.

• Report the Injury. In South Carolina, you’ll need to inform your employer that the work-related injury occurred. It’s likely that your employer will have you get a medical evaluation that’s approved by the insurer to be eligible to receive workers’ comp benefits. It’s important to put the report as soon as possible so you can be sure that you haven’t missed the window of time to get the workers’ comp benefits that you’re owed.
• Fill Out the Paperwork. Your employer should provide you with forms that include information for the insurance provider, information about your rights, and information about when you’re ready to return to work. You may also get a form to inform the state board about your occupational illness or injury.
• File the Claim. Your employer will send in the forms to the insurance carrier to file a workers’ compensation claim. However, your doctor is responsible for sending in your medical evaluation.
• Insurer Response. The insurance company will send their response to you. It could be an approval or denial of workers’ comp benefits. But a denial doesn’t mean the whole matter is settled. You can have them review their decision, or you can appeal. If you decide to appeal, The Solomon Law Group, LLC is here for you. We’re prepared to help you get the compensation you deserve

After the decision is made, injured workers can start their recovery process. When they’re healed and able to return to work, they need to inform their employer and the insurance company of this intention.

How Do You Prepare for the Medical Evaluation?

If you file for workers’ comp, your employer will probably request that you get a medical evaluation. This will show what kind of benefits you qualify for and need. You can prepare for the medical evaluation so your doctor knows exactly what happened to you and what injuries you have. This will allow them to give you an accurate exam that will help show what you’ve been through.

• Know Previous Conditions. If you know some symptoms you have are a result of a previous condition, inform your doctor. Knowledge of your medical history will help clarify what symptoms are caused by the workplace accident.
• Write Down How the Accident Happened and Your Symptoms. As soon as you can, write down how the accident happened and when. List your symptoms. Be as detailed as possible with both accounts. Keep track of doctor visits and treatments. Also, include details like physical therapy or if a doctor refers you to a specialist for surgery and other medical treatments.
• Don’t Leave Anything Out. When speaking with your doctor, don’t leave anything out because you think it’s unimportant. You may think it’s not a big deal, but it could indicate something serious to your doctor. If you leave something untreated, it could develop into worse symptoms over time. You also might not get as much compensation for your injuries if you leave out important facts. You shouldn’t downplay your injuries, either. We have a tendency to not want to admit how much pain we’re in, but this is not the time to do this. Be honest about how these injuries have affected you.
• Follow the Doctor’s Treatment. If the doctor tells you to wear a brace, take medicine, or get a lot of rest, then make sure to do it. Their recommendations will be the fastest way for you to get your life back on track. Also, if you willingly ignore the doctor’s orders and your injuries worsen, you might not be able to get workers’ compensation benefits because you didn’t take care of yourself.

It’s in your best interests to get in touch with experts in workers’ compensation law as soon as possible so you can work toward receiving the recovery you deserve. Luckily, you can get a free consultation at a Columbia law firm like ours to discuss your options.

What To Do After Receiving a Claim Denial?

If your workers’ compensation claim is denied in South Carolina, it can be frustrating. However, a denial is not the end of the road. You have several options to challenge the decision and get your entitled benefits.

When a workers’ compensation claim is denied, you will have a written explanation detailing the reasons for the decision. Common reasons include:

• Insufficient evidence
• Late reporting
• Disputed injury
• Pre-existing conditions

After a denial, what can you do? You may want to take a few steps once you have received your denial letter. They include:

• Review the denial notice: You need to understand why your claim was denied so you can take your next steps.
• Consult with an attorney: If you still need to do so, this is the time to retain a Columbia workers’ compensation lawyer. They can help you navigate the appeals process. Hopefully, they can assist with resolving the issue without a hearing.
• File a request for a hearing: However, sometimes you may need to file for a hearing. This must be done in two years. After that, your case will be assigned to a commissioner for a hearing.
• Prepare for the hearing: You will want to collect evidence like medical records and witness statements to support your claim. Your attorney will present this evidence at the hearing.
• Attend the hearing: Now is the time to present your case before a commissioner. They will decide whether to uphold the denial or award benefits.

If you are denied again, you can appeal to the appellate panel and potentially to the South Carolina Court of Appeals or Supreme Court. These steps can be complicated. For that reason, you will want a workers’ compensation lawyer in Columbia to help with your claim.

Our Workers’ Comp Attorney in Columbia, SC Can Help You

When you’re injured at work because of something that was out of your control, you shouldn’t have to take responsibility for paying for your injuries and medical care.

South Carolina’s labor laws give you the ability to protect your rights and receive compensation if you have been hurt on the job. You deserve peace of mind that someone will help you fight for your rights. That’s where we come in.

If you have been injured on the job, you can find out if you are owed compensation by setting up a free consultation with The Solomon Law Group, LLC. You’ll speak with a Columbia workers’ compensation lawyer about your case and how to proceed. We’re ready to help, so contact us by phone or online today.