Workers Comp Law in Landrum, SC

The workers’ compensation system in South Carolina protects the hard workers of Landrum and other communities. While employers strive to keep employees safe, safety protocols sometimes fail—and employees are left injured as a result. When this happens, they are entitled to certain types of compensation. If you’ve been injured at work, it is crucial to remind yourself of your rights and fight for them if your employer tries to avoid paying compensation.

The team at Nowell Law Firm is proud to support the workers who keep South Carolina running. If you’re having issues with your workers’ compensation claim in Landrum, call Nowell Law Firm at 864-707-1875.

Eligibility and Coverage for Workers

The South Carolina Workers’ Compensation Commission serves injured employees throughout the state. Many workers wrongfully believe that they are not entitled to benefits, either because they haven’t worked at the company for a long time, their own error led to their injury, or the injury was no one’s fault. None of this matters; if you are an employee and not an independent contractor, you can submit a workers’ compensation claim in South Carolina.

There are several types of coverage provided in South Carolina. There are three primary types of benefits: medical care, lost wages, and permanent disability. Medical benefits cover the expenses of your medical care, allowing you to reach maximum medical improvement without having to tap into your own healthcare insurance or savings. 

Lost wage benefits allow you to receive up to 66 2/3% of your average income in the four quarters prior to your injury. If you worked more than one job at the time of your injury, those wages are also included in those calculations. However, wage benefits are capped at a rate that changes each year. In 2023, the maximum weekly payment is $1,035.78 per week. 

Permanent disability benefits are awarded if you have injuries that will affect you for the rest of your life. You’ll likely be given an impairment rating, and at that point, your permanent disability benefits will be negotiated based on your limitations.

Filing a Workers’ Compensation Claim

If you have never been injured at work prior to this accident, the process may seem intimidating or overwhelming. Don’t let that stop you from filing a claim—the process is actually quite straightforward and designed to benefit workers. The first step is to report your injuries to your supervisor immediately. 

Giving notice of your injury is crucial, as it allows management to begin the legal process of applying for workers’ compensation benefits. Your employer gets to choose your medical care provider, and at that point, you begin receiving treatment. If you see your own doctor, it is likely that workers’ compensation insurance will not pay for your care. If you do not like the doctor you’re seeing, you can ask your employer’s representative if you can seek a second opinion.

After you begin seeking care, your employer will generally file your workers’ compensation claim on your behalf. You can file Form 50 to report the injury yourself—but know that you only have two years from the date of injury to file an official claim.

What Happens If Your Claim Is Denied?

When it works as intended, the workers’ compensation system is easy to navigate. The system doesn’t just benefit employees; it also protects employers from personal injury claims caused by their own negligence and their employees’ negligence. For that reason, it’s in their best interest to cooperate with workers’ comp claims and avoid making employees jump through hoops to get the benefits they are entitled to.

Employers and their insurance providers do not always operate in good faith. They may deny legitimate workers’ comp claims or even refuse to file the necessary paperwork. They may do so for a variety of reasons:

• They believe the accident did not occur at work.

• They think that you intentionally caused the injury to get out of work.

• They do not believe your injuries are as severe as you claim.

• They think your injuries are completely fraudulent.

• They believe you were impaired at the time of your injury.
• They want to save money and know that many workers are unaware of their rights under state workers’ compensation laws.

Regardless of the reason for your denial, it is crucial to advocate for yourself. You can challenge a denial or hold an employer accountable if they refuse to report your injury. The South Carolina Workers’ Compensation Commission allows you to request a hearing to show why you deserve to have your claim approved. Even if the Commission decides against you, you can request an appeal or go through mediation if that’s a suitable option.

At every step of this process, working with a workers’ comp attorney in Landrum is highly recommended. Employers and insurance companies have been known to go to great lengths to deny claims and save money. If you push back, you may even be at risk of retaliation, such as termination, demotion, or loss of hours. When you work with an attorney, you can better protect your rights.

How Nowell Law Firm Can Help You

At Nowell Law Firm, we know that workers are the backbone of South Carolina’s bustling economy. You are entitled to all of the rights and privileges granted by the workers’ compensation system, and it’s insulting when employers try to cheat employees out of their benefits. 

Our in-depth knowledge of the workers’ compensation system, the common issues faced by injured employees, and the underhanded tactics used by employers put us in a position to advocate for injured workers throughout the state. Throughout the entire process, you can rely on us to protect your best interests, represent you in front of the Commission, and fight for every penny you deserve.

Contact Nowell Law Firm for Help with Your Workplace Injury

If you are struggling to get workers’ comp benefits after a workplace injury, it’s time to talk to Nowell Law Firm. Get started right away by calling us at 864-469-2481 or sending us a message on our website.