Every year, employees in South Carolina are either injured on the job, develop a work-related illness or die while performing their job duties. In these instances, injured employees or their survivors are eligible to apply for workers’ compensation benefits. Although Edisto workers may be entitled to these benefits, there is no guarantee that they will receive them because employers and their insurance companies are known to fight workers’ compensation claims in some cases. If you have filed a workers’ comp claim and you have been denied benefits, contact an Edisto workers’ compensation lawyer for assistance in appealing the denial.
We understand your frustration over no longer being able to work or being denied benefits because our injury attorneys have assisted many clients who have been in the same position. The Howell & Christmas law firm fights for clients to access the workers’ compensation benefits to which they were entitled. Contact us today to learn about the options available to you under South Carolina law.
What Workers’ Comp Provides
South Carolina Workers’ Compensation benefits help you financially when you are unable to work due to a work-related injury. Your employer’s workers’ compensation insurance company pays the benefits once you have been approved to receive workers’ compensation. According to the state compensation law, the benefits cover:
- Payment for lost wages
- Authorized medical care and mileage
- Payment for permanent disability
The law prohibits you from collecting payment for pain and suffering or loss of companionship because of the on-the-job injury. To seek financial compensation for pain and suffering, you may be able to file a civil lawsuit against a third party, someone other than your employer, whose negligence caused your work-related injury. Under the state’s compensation law, you are not allowed to sue your employer. Our attorneys will explain to you whether you can file a third-party claim depending on the circumstances surrounding your on-the-job injury.
Filing a Claim
When applying for workers’ compensation, it is important that you submit proper medical documentation that proves the injuries that you have alleged. This may mean having to go to a physician recommended by your employer as well as visiting your personal physician. Depending on the nature of your injury, you may require a visit to a specialist or a physical therapist or have to undergo a particular type of treatment as part of your recovery process. It will be necessary to provide personal medical information that is normally protected under the federal Health Insurance Portability and Accountability Act or HIPAA (HIPAA) to the authorities involved in your workers’ compensation claim.
What to Do if You Are Denied
Your lawyer can assist you in filing an appeal if you have been denied benefits since attorneys know the type of documentation you need to support your claim. Your appeal will be heard by a representative of the South Carolina Workers’ Compensation Commission. It’s possible for your hearing to be scheduled in the county in which you were injured. Our legal team can represent you at the appeals hearing and fight for your right to receive workers’ comp benefits.
Consulting An Edisto Workers’ Compensation Lawyer
Whether or not you have already applied for workers’ comp, let the law firm of Howell & Christmas help you with the process. If you have suffered a work-related injury, you have 90 days to report the injury to your employer, and you have up to two years to file a claim.
Our Edisto workers’ compensation lawyers can handle your claim at any stage of the process. Contact us today to schedule an appointment. Your initial legal consultation is free and confidential.