Personal Injury Attorneys in Roebuck, SC

A workplace injury can force you to take time off, leave you with unexpected medical care needs, and leave you with more questions than answers. If you’ve been injured at work, you may be entitled to workers’ compensation. The workers’ compensation system in South Carolina offers substantial protections to both workers and employers, but you must know your rights and how to exercise them.

If you’re struggling to file a claim or your workplace is retaliating against you because you’ve filed a claim, it’s time to talk to a Roebuck, SC. workers’ compensation lawyer. Call Nowell Law Firm at 864-469-2481 to set up a consultation.

Who Can Get Workers’ Comp Benefits in South Carolina?

Per the South Carolina Workers’ Compensation Commission, the vast majority of employers must carry workers’ compensation insurance. This ensures that employees like you can access the benefits they’re entitled to after an injury.

State law requires that employers with four or more employees must have workers’ compensation coverage. Some employers do not have to carry insurance, including some agricultural employers, certain railroad employers, and companies with annual payrolls below $3,000 per year.

Subcontractors can also access workers’ compensation benefits. General contractors that have four or more subcontractors are considered employers, and thus must provide coverage.

As long as your injury occurred in the normal course of your work, you should be entitled to workers’ compensation benefits. Workers’ compensation is divided into several different categories.

What Workers’ Compensation Pays For

In South Carolina, there are three types of benefits offered to injured employees. The first is medical benefits. Medical benefits cover the cost of care related to your injury. Your employer has the right to choose the doctor you see for your work injuries. For this reason, you should not seek treatment from a doctor of your choice—only see the doctor authorized by your place of employment. Before seeing a new physician, verify with your employer that your care will be covered by workers’ compensation.

If you don’t like the doctor selected for you or believe your case is being mishandled, you can ask your workers’ compensation representative to allow you to see a different doctor. Should they refuse, you have the right to go in front of the Workers’ Compensation Commissioner and ask for a second opinion.

The second benefit available to injured employees is lost wages. Lost wages are based on your average weekly income and weekly maximums. For injuries occurring in 2023, the maximum weekly compensation is $1,035.78.

The final benefit awarded to injured employees is a permanent disability. This is only available to employees who have suffered permanent injuries that impact their ability to work. The amount you receive for permanent disability is affected by a number of factors, including the impairment rating provided by your doctor, the disability rating the insurance company thinks a Commissioner would give you, and your average weekly income.

Denied Workers’ Compensation Claims in Roebuck, SC.

The workers’ compensation system benefits everyone, so it may come as a surprise that employers and their insurance companies deny perfectly legitimate claims. In some cases, these denials are legitimate or at least reasonable. In other cases, they knowingly deny a claim that is likely legitimate in an effort to cut costs and avoid investigations.

Your claim may be denied if:

• You missed a deadline. If you wait too long to report an injury, you may lose your right to workers’ compensation. Report your injury immediately to your supervisor or manager, and then follow up to ensure that they have filed a claim on your behalf.
• They believe the injury did not occur at work. There are cases where employees are injured outside of work and then try to claim that it was work-related, simply to avoid out-of-pocket medical expenses. Assuming that your injury did happen at work, push back against your denial with the help of a workers’ compensation lawyer.
• They claim you were not an employee. Employers are known to misclassify employees as independent contractors to avoid paying additional taxes on their income or providing benefits. Then, when the employee is injured, they can say that independent contractors are not covered. If you have been misclassified, you may still be entitled to the same benefits as an employee.
• They believe you intentionally injured yourself. There are very few circumstances in which an injured employee cannot receive compensation. If an employee is intoxicated at work and their injury is a result of their impairment, benefits may not be available. An employee who intentionally injures themselves may also not receive benefits. Workers’ compensation is still available to those who are injured due to their own mistakes or carelessness.
• They think your injury is fraudulent. In some situations, workers’ compensation insurance thinks that employees are making up the entire accident. This leads to a swift denial.
• They say the injury is a result of a preexisting condition. If you’ve previously been injured on the same part of your body, workers’ compensation may try to claim that your injury is the result of that—not your work.

Why You Need an Attorney

As you see, there are many reasons workers’ compensation providers in Roebuck, SC. will deny claims and prevent employees from getting the benefits they deserve. Most employees give up at this point, as they don’t know their rights or how to assert them. We’re here to help.

The workers’ compensation system is supposed to protect you when you are hurt at work. Unfair denials go against the spirit of the system. When you bring in the team at Nowell Law Firm, you can expect the insurance company to listen.

We’ll be with you every step of the way, from analyzing the documentation provided by your employer and looking into your injury to representing you during workers’ compensation hearings. Alleviate your stress during this challenging time with the aggressive and experienced representation offered by Nowell Law Firm.

Contact Nowell Law Firm Today

If you are trying to get the workers’ compensation benefits you are entitled to, don’t wait any longer to call us. Schedule a free consultation with Nowell Law Firm now by calling us at 864-469-2481 or sending us a message online.