If you’ve been hurt while on the job, you already know how serious the situation is. A Columbia workers’ compensation lawyer from Solomon Law Group, LLC is here to help you receive the full compensation and benefits you deserve.
Although accidents will inevitably happen, under South Carolina law, an employer is still responsible for keeping the work environment safe for every employee. They need to take proactive measures to prevent accidents resulting in slips, falls, chemical burns, and injuries from faulty equipment or machinery. In these situations, they must do everything possible to prevent injuries from hazardous work conditions, lenient safety regulations, or the carelessness of fellow workers.
While your employer pays for the program, it is still a type of insurance, and no insurance carrier likes to part of any of their profits. If you’re struggling to receive workers’ compensation insurance benefits, you need to speak with the Solomon Law Group, LLC.
What Are the Most Common Work-Related Injuries in Columbia?
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 immediately. Then, as soon as possible, 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 ladders risk fall injuries 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 and fall 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, you might strain or hurt your muscles when you do this because you’re making harsh, sudden movements.
- Falling Object Injuries. You can have some very serious head and brain 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 catastrophic injuries.
- Burn Injuries. If you work around chemicals, machines, or wires, you could get a burn injury if safety precautions aren’t followed. Burn injuries can also occur in other workplaces.
Many types of injuries 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 you can receive all necessary medical treatment to help your injury. To get these medical benefits, you have to go to the doctor chosen by your employer.
- Future Medical Care. Your injuries may 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 your lost wages.
- Money for Permanent Injury. If you have a permanent disability, 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.
How a Columbia Workers’ Compensation Lawyer Can Help
When dealing with an injury at work, you may begin to go through the legal process to get your benefits.
The process is meant to 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 that they aren’t responsible for the accident, 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, a Columbia workers’ compensation lawyer will do the following:
- Analyze the Evidence. Examining the accident report, medical documentation, and other evidence showing how the accident occurred or the extent of your injuries will help your lawyer show 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, giving you the strongest chance of receiving compensation.
- Ensure Everything Is Filed Correctly. We’ll help you file the paperwork and ensure it reaches the right channels. You won’t have to worry about technical errors preventing you from your workers’ compensation benefits.
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 get workers’ comp, you can rest assured that you are protecting your best interests.
- Report the Injury. In South Carolina, you must report the injury incident to your employer. That report should be written out and not just a conversation. Your employer will likely have you get a medical evaluation from their approved doctor to determine the extent of your injuries. It’s important to file the report as soon as possible to ensure you haven’t missed the time window to get the workers’ comp benefits you’re owed.
- Fill Out the Paperwork. Your employer should provide forms that include information about the insurance provider, your rights, and 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 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.
Keep in mind that a denial doesn’t mean the whole matter is settled. You can have them review their decision, or you can appeal. The Solomon Law Group, LLC is here for you if you decide to appeal. We’re prepared to help you get the compensation you deserve
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. Here’s how to approach the medical evaluation:
- Share Your Previous Conditions. If you know some symptoms from the workplace accident coincide with a previous condition, inform your doctor. For instance, you might have experienced and been treated for back spasms. The work injury might exacerbate that condition, but it should be considered separate. 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. Write down how the accident happened and when as soon as you can. 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. 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 tend not to 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 do it. Their recommendations will be the fastest way 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 workers’ compensation law professionals as soon as possible so you can work toward receiving the recovery you deserve. You can get a free consultation at a Columbia law firm like ours to discuss your options.
What To Do If I Receive a Claim Denial?
It can be frustrating if your workers’ compensation claim is denied in South Carolina. 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: 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’ll want a workers’ compensation lawyer in Columbia to help with your claim.
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 allow you 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 determine 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.
