Mistakes to Avoid in Charleston Workers’ Compensation Cases

There are many common mistakes that an individual may make when handling their Charleston workers’ compensation case. These mistakes can prevent an individual from pursuing their case in the most effective way possible. A person may lose out on potential compensation if they do not understand how to properly handle their claim.

To best understand the most prevalent mistakes to avoid in a Charleston workers’ compensation cases, do not hesitate before contacting a lawyer. An experienced Charleston workers’ compensation attorney can build a case to help maximize any potential compensation you may be owed. En Español.

Workers’ Compensation vs. Other Personal Injury Cases

Workers’ compensation is a no-fault insurance system, meaning that a person does not have to prove negligence or fault on the part of his or her employer or someone else in order to recover.  All a person has to prove, unlike with a personal injury lawsuit, is that he or she was working for his or her employer at the time of the accident and with few exceptions, he or she is likely covered for the injuries whether it’s his or her fault, the employer’s fault or somewhere in between.

Workers’ compensation is handled by the individual states. Every state has different laws and different local rules that apply to an accident in a particular case. South Carolina is no different. It has its own Act, it has its own laws and it has its own Supreme Court interpretations of what the law means. It is specified to the state and therefore, a person would want a workers’ compensation lawyer working their case.

 

Passing the Statute of Limitations

There is a notice of requirement that the claimant has to give notice within 90 days. If they do not do that, then the claim is barred. There is a statute of limitations that states that if a claim is not brought within two years, the claim is barred forever. This is an important mistake that an individual must be careful to avoid when filing a Charleston workers’ compensation claim.

Not Gathering Medical History

It is important that an individual document their medical history from head to toe when filing a Charleston workers’ compensation case. Many times, there are multiple injuries, but the most pronounced injury is a back, knee or shoulder injury.

A person may have a herniated disk, which is one of the worst injuries an individual can sustain, so an individual may focus on that and forget about the other body parts. Because the body parts are not documented properly, it may be very hard to link the injury back to the work accident. Therefore, it may be difficult for the individual to get treatment and disability for those other body parts.

There are many battles that begin to take place the second the injury occurs that the claimant is not aware of. Even if they are aware of it, the person may not be aware of all the tools that can be used to maximize their case and to put them in the best position to get the maximum benefits available both medically and monetarily.

 

Importance of Properly Filling out Workers’ Compensation Forms

There are many forms used to litigate workers’ compensation claims claims. Even knowing what forms are available can be confusing and certainly, the insurance company, because they have an adverse interest, has no duty nor will they point out what all forms a person needs completed in order to properly pursue his or her case.

One of the mistakes to avoid in a Charleston workers’ compensation cases is not understanding the role of forms in one’s case. Workers’ compensations forms are considered legal pleadings. They are litigation pleadings which means that the representations that a person makes on them and the failure to make representations about body parts or his or her conditions are going to be binding somewhat. They are going to be used to challenge the injured worker whenever there’s denial of the case of aspects of the benefits provided in the case.

Therefore, it is very important that these forms are filled out in a proper way with a clear understanding of how they affect the injured worker’s case through the law and through the factual development of their case.

Failing to Contact a Lawyer

A common mistake to avoid in a Charleston workers’ compensation case is failing to speak to a lawyer at the earliest possible time.  There are so many loopholes and pitfalls that can be made in a workers’ compensation case. If a person does not know what the rules are, it is very hard to follow them.

Those working for the insurance companies will not offer advice given that the insurance company is an adversary, and their interests are adverse to the claimant. In other words, what is good to the claimant is not good for the insurance company and vice versa. They have no duty to tell their claimant the type of mistakes to avoid in a Charleston workers’ compensation cases. They can lead them into making those mistakes so that they can be denied coverage or denied some form of medical or monetary benefit.

Even if the claimant decides they do not want to hire an attorney, there is absolutely no risk in going in for a confidential free initial consultation in which a lawyer can advise of the pitfalls and mistakes, many of them at least, at the front end of the case.

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