As a worker who has been injured on the job, you and your family may face significant hardships. These can include a long road of medical treatment accompanied by spiraling medical bills, financial strain due to wage loss, and the emotional stress of trying to cope with a serious injury or illness. These struggles can be further complicated by having to deal with your employer or the workers’ compensation system in making claims for the financial resources and recovery you need at this difficult time.
At Jeff Johnson Law, we understand your needs and the frustration that can accompany the matter of filing a claim or an appeal in these cases. Your employer or the insurance company involved, may not take your case seriously or respect your legal rights. They may dictate to you what you can or cannot do when the law is on your side and favors you as the injured employee. By turning to our experienced attorney, we can help you seek the favorable outcome you deserve through knowledgeable legal representation.
Book your free initial consultation with our Horry County workers’ compensation attorney by calling Jeff Johnson Law or contacting us via our website.
Workers’ compensation in our state has been established until Title 42 of South Carolina’s Code of Laws and is governed by the South Carolina Workers’ Compensation Commission. It is designed to provide benefits to employees who have sustained an injury or an occupational illness by providing coverage for medical bills, lost wages, and vocational rehabilitation services. It also provides death benefits for the families of workers who have died due to work-related injuries or illnesses.
Benefits can include:
- Medical Care: Employees and/or their dependents are eligible for medical care treatment related to the injury, illness, or death at no cost. This includes doctor visits, hospital stays, tests, and other treatments.
- Temporary Partial Disability Benefits: These are available when you can return to work on a limited basis but are unable to earn your regular wages. These benefits provide weekly payments for a time period determined by your doctor. The amount of the benefit is based on the difference between what you earned before the injury and what you earn post-injury.
- Temporary Total Disability Benefits: If you are temporarily disabled due to a work-related injury or illness and unable to return to work for more than three days, you can receive two-thirds of your average weekly wage up to a certain maximum for up to 400 weeks.
- Permanent Partial Disability Benefits: If you have suffered permanent damage from a work-related injury or illness which prevents you from returning to full-duty employment, you may be entitled to partial disability compensation based on the extent of your disability.
- Death Benefits: If your family member has died as a result of a workplace accident or illness, you may receive two-thirds of your deceased family member’s average weekly wage up to 500 weeks as well as funds to cover funeral and burial expenses.
Deadlines for Filing Workers’ Compensation Claims
In South Carolina, you have two years from the date of your injury to file a workers' compensation claim with the state. If you fail to file a claim within two years, you may be unable to receive any benefits associated with your injury. However, you only have 90 days to report your injury or illness to your employer or your workplace claims representative. It is a best practice to file as soon as possible after an injury occurs to ensure that you are eligible for all available benefits.
If you need help filing a claim or appealing one that has been denied, we strongly urge you to speak to our experienced and dedicated attorney. Get the help you need in protecting your legal rights under the law.
5 Ways Workers’ Comp Attorneys Can Help You
Workers' compensation attorneys can provide significant help in navigating the often complex and challenging workers' compensation system. Here's how:
- Case Evaluation: Our workers' comp attorneys will thoroughly review your case, including the details of your work injury, to determine the full extent of your injuries and their impact on your ability to work. They are experienced in understanding the nuances of such cases and can help identify factors that may enhance your claim.
- Medical Treatment Advocacy: Our attorneys can ensure that you receive the necessary medical treatment and rehabilitation services. They can negotiate with insurance companies to approve necessary procedures or treatments that may initially be denied.
- Benefit Calculation: We can accurately calculate the benefits you're entitled to, including medical expenses, lost wages, and disability benefits. They understand the formulas and factors used to compute these benefits.
- Negotiation Skills: We handle all negotiations with insurance companies, aiming to secure a fair settlement that fully compensates you for your injuries.
- Appeal Assistance: If your claim has been denied, attorneys guide you through the appeals process and fight to overturn the decision. They understand the legalities and procedures involved in appealing a denial.
For invaluable allies who advocate for your rights, do not hesitate to reach out to the workers' compensation lawyers in Horry County at Jeff Johnson Law.