Filing a workers’ compensation claim or appealing an unfavorable decision is not always as easy as it should be. A Pickens workers’ compensation lawyer may be able to help you, no matter how complex or how straightforward your claim is. For more information, including a free case review, call Hammack Law Firm at (864) 326-3333. We are always here to take your call.
Who Is Eligible for Workers’ Compensation
Workers’ compensation insurance is designed to help employees who suffer a workplace injury that prevents them from working and/or requires medical attention. However, not all workers are entitled to such benefits, and not all workplace injuries are covered by workers’ compensation insurance.
To receive workers’ compensation benefits, the first thing you must do is find out (if you do not already know) whether your employer carries such insurance. We can look that up for you and give you guidance. Per South Carolina Annotated Code § 42-1-150, almost all South Carolina employers with four or more employees are required by law to provide those employees with workers’ compensation. Exceptions to this rule are listed in South Carolina Annotated Code § 42-1-360.
Your injury must also meet legal specifications. Your injury is generally compensable if it is:
- The direct result of you doing your job
- A one-time injury (e.g., injuries that build up over time do not count)
- Physical in nature
In general, mental stress or psychological injuries by themselves are not compensable. Further information about compensable injuries can be found in South Carolina Annotated Code § 42-1-160.
If you meet all of the above criteria, then you should be entitled to workers’ compensation. Unfortunately, as discussed below, deserving benefits and receiving benefits are often two different things. A Pickens workers’ compensation lawyer can help you bridge the gap by explaining your options and guiding you through the entire process. Call Hammack Law Firm at (864) 326-3333 if you would like to learn more. We proudly serve Pickens and surrounding communities.
For a free legal consultation with a workers' compensation lawyer serving Pickens, call 864-514-8192
How to Get the Benefits You Need
Workers’ compensation insurance offers many benefits to injured workers. Among them are weekly checks covering two-thirds of your usual salary and free medical care for your injuries.
According to the South Carolina Workers’ Compensation Commission, the claims process may go like this:
One: Reporting the Injury
As soon as possible, tell your employer about your injury. Explain how the accident happened and that you would like them to put in a claim with their workers’ compensation insurance carrier.
Two: Filing the Claim
Often, your employer will file the claim for workers’ compensation on your behalf. However, if they do not (e.g., they deny your injury took place while on the job), your attorney may take this step for you by sending the proper forms to the Workers’ Compensation Commission.
Three: Apply for a Hearing
If, at any point, you have a problem with your claim or benefits (e.g., your benefits are stopped before you are ready to go back to work), we may request a hearing with the Workers’ Compensation Commission. It will help settle any disagreements between you and your employer or you and your employer’s insurance company.
Before your case goes to a hearing, the Commission may first suggest that you and the other party attend mediation. A mediator will try to help the two of you come to a mutually satisfactory agreement. If mediation is unsuccessful, we can proceed with the hearing.
Pickens Workers' Compensation Lawyer Near Me 864-514-8192
Legal Representation Can Help with Your Claim
If the process described above sounds overly complicated or strenuous, let a lawyer from our firm assist you. No matter what stage your claim is in, Hammack Law Firm is ready to help.
The first thing we will do for you is evaluate your case. By calling our office, you will connect with a member of our team. They will discuss your accident and your claim with you and let you know if we can help you. This service is free and places you under no obligation whatsoever: you are free to do whatever you wish with the information we provide, but we are confident after meeting with us that you will proceed with us standing beside you.
After the case reviewer confirms that you have a viable case, we assist you by:
- Exploring options: We will figure out the best ways of pursuing compensation and discuss with you the pros and cons of each.
- Filing forms: This includes applying for a hearing in the event of a dispute with your employer.
- Communicating: We will relay all messages between you and the other party. We will also keep you up to date on the status of your case.
- Being your advocate: Do not worry about arguing your case before a commissioner or a judge. Your lawyer can represent you at all stages of appeal.
- Guiding you: Whenever you have a question or want help making a decision, reach out to us. We are happy to provide you with all the help you need.
Your lawyer will do everything they can, but this is still your case, and you are still in charge. If you are happy with the agreement reached during mediation, our job is finished. If you want to keep fighting through all possible levels of hearings and appeals, we will stick with you to the end. Whatever you decide, Hammack Law Firm is here for you.
If you are looking for a lawyer to help you with your workers’ compensation claim, call Hammack Law Firm at (864) 326-3333. As our Google reviews show, we make it our mission to provide caring, compassionate legal service to our clients.
By hiring a Pickens workers’ compensation lawyer, you give yourself the chance to focus on getting better and getting back to work while we fight for the compensation you need.