Workers Comp Law in Duncan, SC

When you’re injured at work, you might be worried about your job security, your health, and your reputation at work. Thanks to the workers’ compensation system, you know you are at least entitled to medical care and partial income replacement while you recover. However, getting the benefits you’re entitled to isn’t always easy—there are still employers and insurance providers that deny legitimate claims.

Learn more about South Carolina’s workers’ compensation system and your rights as an employee. If you need help getting the compensation you’re owed, let us help. Call Nowell Law Firm at 864-469-2481 today to schedule a meeting with our workers’ compensation lawyers in Duncan, SC.

An Overview of Workers’ Compensation in South Carolina

The workers’ compensation system benefits both employers and employees. Employees can seek medical treatment after an injury, regardless of who is at fault. Even if they cause an injury through their own error, they can still receive partial compensation and get the medical treatment they need to make a full recovery.

This system also benefits employers. They pay for workers’ compensation insurance, which pays out claims without them having to pay out of pocket. Unless they have an incredibly high number of incidents that drive up their insurance costs, this is far less costly than paying medical care and lost wages for each injured employee.

Additionally, the law forbids injured employees from suing their employers for injuries that occur at work in most cases. In exchange for providing guaranteed benefits to injured employees, employers are protected from personal injury lawsuits.

The process of seeking care is a bit different than getting treatment for any other injury. Per the Workers’ Compensation Commission, your employer has the right to choose your treating physician. Your care will be overseen by your employer since they want to know that you are following your doctor’s treatment plan and doing everything you can to make a full recovery. If you are skipping appointments, failing to do physical therapy, or otherwise ignoring your doctor’s instructions, they may push to stop payments.

What Does Workers’ Compensation Pay For?

There are several types of benefits offered under South Carolina’s workers’ compensation system, including:

• Lost wages: Your total compensation may depend on the extent of your injury and what you are still able to do as you recover. Many injured workers are completely unable to work while they heal. In that case, you would receive 66 2/3% of your average weekly wage, which is based on what you earned in the four quarters prior to your injury. However, there is a cap to what you can receive. In 2023, the maximum weekly compensation rate is $1,035.78. If you are able to do some work or light duty, your compensation will be 66 2/3% of the difference between what you’re currently earning and what you would be earning if you were not injured.
• Medical benefits: Your employer or their workers’ compensation insurance provider will pay for the medical care you need to reach maximum medical improvement after your injury. While they do have the right to choose your treating physician, you also have the right to request a second opinion if you are unhappy with their provider.
• Permanent disability: You may receive permanent partial or total disability payments if you meet certain qualifications. Permanent total disability can be paid for up to 500 weeks, and permanent partial disability can be paid for up to 340 weeks.

Qualifying for Workers’ Compensation

In order to qualify for workers’ compensation benefits, you should report the injury to your supervisor right away. They should then direct you to seek treatment with an approved physician. Do not wait when it comes to reporting your injury—if you wait longer than 90 days to report an accident, you may lose your right to seek compensation entirely.

As long as your injury occurred in the course of your employment, you should be able to receive workers’ compensation benefits.

Denied Claims

The process of applying for workers’ compensation is meant to be easy and straightforward. However, you may still come across bumps in the road as you file your claim. If your claim is denied, you may be confused and overwhelmed—you need your wage benefits to provide for your family, not to mention medical care for your injuries. There are several reasons that your claim may be denied, including:

• They believe the injury did not occur at work.
• They think the injury is falsified.
• They believe you may have been under the influence at the time of the accident.
• You have a history of filing workers’ compensation claims and they want to investigate the incident further.

You may also need assistance if you are released back to work before you believe you are ready to work again. You will be asked to sign Form 15 or Form 17, depending on how long you have received benefits. If you think you need more time to recover, you can request a hearing or reach out to a workers’ compensation attorney.

How Nowell Law Firm Can Help

Losing benefits or having your workers’ compensation claim denied can put you in a financial bind. If that happens, it’s crucial to talk to the team at Nowell Law Firm right away. We know how much you depend on your income to meet your obligations and care for your family, and we’ll fight to help you get the benefits you are entitled to. If your benefits are terminated before you have finished healing, we can make a case that you deserve to continue receiving payments while you complete your treatment.

We know how to navigate the workers’ compensation system in South Carolina, and we know how insurers and employers can try to take advantage of injured workers. Let us protect you throughout this process.

Reach Out Today to Start Your Claim

At Nowell Law Firm, we advocate aggressively for every single client. Let us support you as you fight for the workers’ compensation benefits you are owed. Call us at 864-469-2481 or send us a message online to get started.