Some of the most common mistakes in seeking Orangeburg workers’ compensation are when workers assume that the employer or the employer’s insurance company will treat them fairly. Many times, the employer may be on the injured worker’s side, but their insurance company does not have to satisfy the employer. The insurance company may pay the claim, but they do not have to. They can do whatever they want and take whatever position they want, even if it is different than what the injured worker, would have asked them to do.
To ensure you are treated fairly, you should reach out to a qualified workers’ compensation attorney. A lawyer could be your advocate throughout the process and negotiate with the insurance company on your behalf.
Workers’ Compensation Insurance Contracts
When the employer hires an insurance company, most likely they cannot negotiate the contract with the workers’ compensation insurance carrier. The contract is an adhesion contract where one party (the insurance company) sets the terms and conditions and the employer has little or no ability to negotiate a better deal. The employer buys the insurance, and if a worker is injured, the insurance company could deny the case outright, deny some part of the claim, or try to pay a lower compensation rate than they should. They might try to send the injured worker to a doctor who never finds that someone is hurt and always tries to deny medical care and treatment for an injured worker.
Many times, employers and their insurance company give misinformation to their employees. They might claim that the person has a pre-existing condition, and they are no longer entitled to compensation. In fact, the law finds that if someone has an aggravation of a pre-existing condition, they are absolutely covered under the law.
It does not matter if someone had a back injury back several years ago. If the condition gets worse, and the doctor finds that the condition is worse, it is an aggravation of a pre-existing condition. The injured worker has a valid claim.
Late Notice of Injuries
The employer may claim that the individual did not give notice on the day of the accident, so they are barred. In reality, the law allows the injured worker to give notice anytime within 90 days. The employer might give the injured worker misinformation that because they waited a year to bring their case, they cannot bring it. Actually, there is a two-year statute of limitations in which the injured worker can bring their case anytime within that two years.
Claims After the Two-Year Statute of Limitations
One of the other common mistakes in seeking Orangeburg workers’ compensation is not filing before the statute of limitation ends. Another situation is when the two years run out, the employer takes steps that cause the injured worker to believe their needs are being addressed. When the statute runs out, the employer may tell the injured worker that the statute of limitations is expired and they are barred. However, because of the steps that the employer took to make the worker believe they were covered tolled the statute of limitations, that allows the injured worker to bring their case. The biggest problem is when injured workers put too much trust in their employer and their employer’s insurance company to treat them fairly.
Avoid Common Workers’ Compensation Mistakes with an Attorney’s Help
If you were injured in a workplace accident, the chances are that the employer or the insurance company might not treat you fairly. The employer and insurance company extremely knowledgeable about the Workers’ Compensation Act, how to manipulate it, and how to use it against you.
This is the strongest reason for you to reach out to an experienced lawyer who could help you avoid the common mistakes in seeking Orangeburg workers’ compensation. A dedicated workers’ compensation lawyer could help also you level the playing field and get all the benefits you deserve under the law.