Spartanburg Workers’ Compensation Attorneys

Have you been injured at work? Whether you were completing a routine task, caught up in a coworker’s careless handling of a machine, or the victim of a random accident, you’re likely entitled to compensation. The workers’ compensation system is supposed to make it easier for employees to get their healthcare expenses covered and receive partial income replacement while they heal. However, if you don’t know your rights, you may expose yourself to being taken advantage of.

If you’re struggling with a workers’ compensation claim or mistreatment by your employer’s insurance company, it’s time to talk to an attorney and find out what your next steps are. Call Nowell Law Firm at 864-707-1785 to schedule a consultation now.

Workers’ Compensation Law in South Carolina

In South Carolina, this program is managed by the Workers’ Compensation Commission. They require that you fill out Form 50 to report a workplace injury. This form must be submitted within two years of the injury to protect your right to seek compensation. However, you should report your injury as soon as possible to streamline the claims process.

Under South Carolina law, injured employees may receive medical benefits, lost wage benefits, and permanent disability benefits. The amount you receive depends largely on your average weekly wages and the extent of your injury.

As is the case in most other states, your employer has the right to choose your physician after a workplace injury. Depending on the severity of your injury, you may initially be sent to Spartanburg Medical Center, Mary Black, Urgent Care, or another local facility.

After looking at your injury, your care provider will decide whether you are free to return to work, go back to work with limitations, or stay off of work completely until you heal.

While you are off of work, you receive 66 2/3% of your average weekly pay, based on the year prior to your injury. There is an annual maximum, which for 2022 is $963.37 weekly.

Do You Have a Workers’ Comp Claim?

The vast majority of employees who are hurt at work do qualify for workers’ compensation benefits. If your injury occurred in the normal course of your work activities, you should receive benefits.

Consider, for example, a warehouse accident. If you were hurt while lifting boxes, that would likely qualify you for compensation. If you were hurt while racing forklifts with another employee, it’s less likely that your claim would be approved.

Along the same lines, you may not be entitled to compensation if you were intoxicated by drugs or alcohol at the time of the accident unless it was a legally prescribed substance that you took as prescribed. As a result, you should expect to undergo a blood test after your accident. If you refuse a screening, they may treat your injury as if it was caused by alcohol or drugs.

Additionally, workers’ compensation is not paid if an employee is hurt while engaged in willful misconduct. This includes efforts to injure themselves, injure another person, or engage in work duties without following proper safety procedures.

Signs You May Need a Spartanburg Workers’ Compensation Lawyer

The workers’ compensation system benefits all involved parties. Injured employees can get fair compensation without having to prove that someone else directly caused their injuries, and businesses get protection from personal injury lawsuits that could easily bankrupt them.

Because of this, many workers’ compensation claims are paid out without any issue. There are always exceptions though, and some employers and workers’ compensation insurance companies will routinely deny or investigate legitimate claims.

If you believe you’re the target of an unfounded denial or workers’ compensation investigation, you must take steps to protect yourself. Otherwise, you risk losing the benefits that you are rightfully owed. Furthermore, uncovering this type of activity can make you the target of retaliation. An attorney can help protect your rights as an employee.

There are several reasons a company may deny your claim. They may say that:

• Your injury did not occur at work. The insurance company may worry that you were injured outside of work but reported the injury at work to avoid paying out-of-pocket for your care.
• Your injury did not occur at all. In some cases, insurance companies have accused employees of completely fabricating injuries in order to receive extra compensation without working.
• You are exaggerating the injury. Insurance doesn’t always outright deny a claim. However, they may stop payments before you are fully healed because they believe you are exaggerating your injury or prolonging unnecessary treatment in an effort to avoid returning to work.
• The injury happened because you were impaired or acting outside your scope of employment. This type of denial can be incredibly harmful to your reputation and your career. If your employer makes this type of claim without any sort of evidence, you may find it difficult to find work in the future or move up in your current company.
• You are not following your doctor’s instructions. As someone on workers’ compensation, you are expected to attend all doctor’s appointments, follow through on their care recommendations, and otherwise do everything you can to recover (likely to include not participating in strenuous activities).

How Nowell Law Firm Can Help

Throughout our years in practice, we have seen every tactic that employers and insurance companies use to deny an employee’s workers’ compensation claim. We know how an unfairly denied claim can hurt your career and your financial stability.

Our team knows what it takes to fight back against an unjust denial, retaliation, or unfair termination after a workers’ compensation claim. Workers’ rights are an important cornerstone of life in the United States, and an injury should not hamper your career. We’ll fight aggressively on your behalf and defend your right to receive workers’ compensation after a legitimate injury, as well as represent you during any hearings with the Workers’ Compensation Commission.

Start Your Claim Today—Call Us Now

Don’t wait to hire a workers’ compensation lawyer in Spartanburg, Boiling Springs, Roebuck, Woodruff, Gaffney, Union, and surrounding areas. When your employer starts an investigation, you deserve fair representation. Call us at 864-707-1785 or fill out our contact form and a team member will contact you.