Inman, SC Workers’ Comp Attorneys

Workplace injuries turn a normal workday into a day of stress, paperwork, and unexpected medical care. In addition to wondering if they’re going to be okay, many Inman workers wonder if their injury will have a negative impact on their job stability. The workers’ compensation process in South Carolina is meant to be easy to navigate for employees, giving them access to the medical care and income replacement they need as they recover.

Are you struggling with a workers’ comp claim or is your employer trying to deny you benefits? It’s time to talk to a lawyer and advocate for yourself. Call Nowell Law Firm at 864-469-2481 to set up a consultation with our team of attorneys immediately.

Who is Entitled to Workers’ Compensation Benefits?

Perhaps the biggest advantage of workers’ compensation is that it is widely accessible. That’s the entire reason it was developed—before workers’ compensation was adopted, employees could only receive compensation if they could sue their employer and prove that someone’s negligence led to their injuries. 

This is a huge burden for an injured employee to meet, and on top of that, lawsuits don’t really contribute to a productive working environment. Workers’ compensation ensures that employees get access to necessary benefits while protecting employers from personal injury lawsuits that could bankrupt them.

Because of this, the vast majority of workers in South Carolina can tap into workers’ compensation benefits when they need them. You must be classified as an employee, not an independent contractor. The injury or illness you suffered must have occurred at work while you were operating within your scope of employment. Most employers with at least four employees must have workers’ compensation insurance that pays out these benefits. To qualify for benefits, you must report your injury in a timely manner and cooperate with the company’s investigation.

What Workers’ Comp Pays in South Carolina

The workers’ compensation system in South Carolina provides multiple types of benefits to injured workers. Medical benefits allow you to get the care you need to reach maximum medical improvement. In South Carolina, the employee’s company chooses the treating doctor. For medical care from a specialist to be covered, you must talk to your employer or their workers’ comp insurance provider to ensure that the specialist’s care will be paid for. 

South Carolina workers’ compensation also covers partial lost wages. You are entitled to up to 66 2/3% of your average weekly wage, subject to a weekly maximum that changes each year. For 2024, the weekly maximum payment is $1,093.67. Those who are permanently injured may also receive permanent disability benefits.

Are There Situations Where an Injured Worker Does Not Receive Benefits?

Some workers’ compensation claims are wrongfully denied. When that happens, appealing the decision with the help of an attorney is often enough to get the benefits you are owed. However, there are circumstances under which an employer or insurance provider can deny a workers’ comp claim. They include:

• Delayed report: You have 90 days to notify your employer of a workplace injury. Once you exceed that timeframe, there is a good chance that your workers’ compensation claim will be denied. It’s important to report your injury, both to protect your chances of seeking compensation and to preserve evidence that may prove your claim’s validity.

• Drug or alcohol impairment: If your employer is able to prove that your injuries are the result of drug or alcohol impairment, they have the legal right to deny your claim. Note that this isn’t the same thing as you testing positive for drugs or alcohol after an accident—they have to prove that your injury was caused by impairment, not that you were impaired. This is an important distinction to discuss with your Inman workers’ compensation attorney.
• Intentional injuries: When it comes to workers’ comp, it doesn’t matter if your injuries are the result of your own error. Even if you were using a machine incorrectly or failing to take precautions while working, you can still receive benefits. However, if you intentionally cause your injuries to take advantage of workers’ comp benefits, your claim will likely be denied.

What about the other reasons employers deny workers’ compensation claims? Common denial reasons include:

• Injury didn’t occur at work: Your employer may claim that your injury didn’t occur at work. This does happen sometimes—employees are injured elsewhere but try to claim it happened at work in order to get their medical care paid for. But if your injury truly did happen at work, that is a valid defense against this denial reason.

• Not enough evidence to support the claim: Employers and insurance companies want proof of the injury and the accident that caused it. If no one can produce that proof, they may deny the claim. This is often an invalid reason to deny a claim—it’s not your job to make sure that your injuries happen in a visible area near other employees.

• Worker is an independent contractor: A surprising amount of employers misclassify employees as independent contractors to save money on taxes. Then, they turn around and deny workers’ compensation. There are very strict limitations on who is considered an independent contractor and who is considered an employee, and if you’ve been misclassified, you should talk to an attorney.

How the Team at Nowell Law Firm Can Help You

After an Inman workplace injury, your next step is to report the injury and apply for workers’ compensation. If your claim is denied, it’s time to request a hearing with the South Carolina Workers’ Compensation Commission. Your attorney can help with Form 58 and represent you during your hearing. We’ll present your case as concisely and accurately as possible, ensuring that it doesn’t get bogged down in extra details and information. Our team is also prepared to help you with further appeals efforts should your first appeal not go your way.

Fighting for Workers’ Comp Benefits? Call Nowell Law Firm Today

You rely on workers’ compensation to come through when you’re injured. If your claim has been wrongfully denied, we can help. Call our firm at 864-469-2481 or fill out our online contact form to schedule a consultation now.