Handling workers’ compensation—a type of personal injury claim—can feel overwhelming, but you don’t have to face it alone. Lowcountry Law’s knowledgeable and compassionate workers’ compensation attorney is an expert in navigating workers’ compensation injury claims in South Carolina. Whether your injury took place at a worksite or in an office, most employers must have insurance to cover claims of injuries in the workplace.
Workers’ compensation legislation was passed in the U.S. in 1911. In 1935, South Carolina established the Industrial Commission to implement workers’ compensation laws statewide. At Lowcountry Law, LLC, we bring expert knowledge of workers’ compensation law and policy to residents in Mount Pleasant, South Carolina, and beyond.
What Is Covered Under Workers’ Compensation?
The Workers’ Compensation Statute refers to laws involving workers’ compensation. The statute states that when an employee is unable to work due to an injury suffered on the job, their employer must pay the injured employee for the period of the total disability each week. The amount paid is 66.66% of the employee’s average weekly pay rate and no less than $75 each week. South Carolina’s workers’ compensation laws explore the conditions in greater detail.
Let our experienced team help you through the workers’ compensation process so that you won’t be taken advantage of by the insurance company. Remember that the insurance company is invested in protecting their interests rather than compensating you for the treatment and time you need to heal from your injury or permanent impairment.
Occupational Disease—Another Aspect of Workers’ Compensation
When it comes to workers’ compensation, people often imagine an injury, like a broken bone or sprain, that happens on the job. While these cases are more common, workplace illnesses are also covered.
Occupational diseases are illnesses that you contract from your workplace activities. This includes exposure to hazards uncommon to those encountered by the general public. Examples of occupational diseases include illnesses resulting from exposure to asbestos, silica, or toxic fumes often encountered by professionals in the construction industry. These can lead to significant illnesses that drastically affect a worker’s ability to perform their job and negatively impact their quality of life.
- Respiratory conditions, such as asthma and asbestosis
- Hearing-related issues, like hearing loss from your work environment
- Skin conditions, such as dermatitis
- Musculoskeletal disorders, including carpal tunnel syndrome and tendonitis
- Other conditions, such as cancer and chronic pain
Please note that, as many of these illnesses take considerable time to develop, they can be more difficult to link to occupational hazards than an injury. To have a strong claim, you must establish a direct correlation between your work environment and the resulting condition. Our workers’ compensation attorney plays a critical role in helping clients secure the benefits they deserve in these cases. We communicate directly with your employer’s insurers, compile medical evidence, and prove that your workplace environment resulted in your injury. Each step of the way, we will guide you through the complex process of workers’ compensation claims.
How To Begin the Process of Filing a Workers’ Compensation Claim
The critical first step after you’ve been injured at your job is to report the incident as soon as possible. This is essential to starting the process of receiving workers’ compensation benefits. The report needs to include details of your illness or injury and specific details of the action you were performing that resulted in the injury. Once you submit it, your employer will file a claim with their insurance company and file a report with the South Carolina Workers’ Compensation Commission. They will typically direct you to meet with a doctor who is approved under their insurance policy. Remember to request a copy of the injury report and any other paperwork relating to the injury for your own records.
Reasons a Workers’ Comp Claim May Be Denied
- The employee failed to submit a report of the incident in a timely fashion (within 90 days of the accident or discovery of the illness).
- The employee filed a claim after the statute of limitations (two years from the date of the injury or diagnosis of illness).
- The employee did not seek medical attention for the injury or does not have sufficient medical proof linking the injury to the workplace.
- The employer disputes the workers’ compensation claim.
There are a few other things to remember when filing a workers’ compensation claim. Be aware of things you should avoid doing when injured at work.
But there is good news! Even if your workers’ compensation claim is initially denied, you can submit an appeal to the Workers’ Compensation Commission in South Carolina. A workers’ compensation lawyer can guide you through the appeals process, ensuring all necessary evidence and documentation are presented to strengthen your case and improve your chances of a successful outcome.
Lowcountry Law, LLC Is Ready To Help You!
At Lowcountry Law, LLC, we are committed to helping South Carolina workers successfully receive the workers’ compensation benefits they deserve after becoming injured or ill at work. Every claim and situation is unique, and we understand that they can be quite difficult depending on the nature of the injury and other factors. That’s why we offer free consultations, and you won’t pay for workers’ compensation attorney services unless we successfully win your case.
Your well-being is our top priority and we’re dedicated to getting you the benefits you deserve. Contact us today to arrange a free case consultation!
