When we go to work each day, one of the last things we expect to encounter is a debilitating injury. Although some injuries are sudden and obvious, there are other situations where the injury happens due to repetitive tasks over time.
The South Carolina workers’ compensation system is designed to provide Seneca residents with financial support if they are hurt on the job. Although this may sound straightforward, claiming benefits can be a complicated process that may require paperwork, doctor’s visits, court appearances, and more. Insurance companies do not always play by the rules and sometimes try to fight a claim for benefits.
A Seneca workers’ compensation lawyer from Hammack Law Firm can help you through this process. While you focus on your recovery and deal with the inconvenience and pain that you are experiencing, we can fight for the compensation you may deserve.
Hammack Law Firm offers a free consultation to help you learn more about the workers’ compensation system and whether we may be able to assist you. Call our client intake team as soon as possible at (864) 326-3333.
One of the first steps to take when considering filing a workers’ compensation claim is to make sure that you are eligible to receive benefits. South Carolina has passed laws regarding when employers must carry workers’ compensation insurance to provide payments to injured employees. Most employers are required to carry this insurance, but there are a few exceptions. According to the South Carolina Workers’ Compensation Commission (SCWCC), these exceptions include:
- Employers who have fewer than four employees
- Some agricultural workers
- Some railroad workers
- Companies that have a payroll of less than $3,000 annually
Even if you think that your situation falls into one of these exceptions, it may still be worth speaking with a lawyer about whether you should pursue workers’ compensation benefits.
For a free legal consultation with a workers' compensation lawyer serving Seneca, call 864-514-8192
Filing a Claim for Benefits
Once you have determined that you are eligible for workers’ compensation benefits, you will need to file your claim with the SCWCC. This process involves filling out paperwork about your job history, the accident or injury that you suffered, and other financial matters. It is incredibly important to make sure that this information is accurate and thorough so that your claim can be processed as quickly as possible.
Unfortunately, some workers’ compensation insurance companies try to fight an injured worker’s claim. In some cases, they may argue that your injury is not substantially related to your employment. You will need to offer evidence to show that your injury happened during the course and scope of your employment. Sometimes injuries can happen while you were traveling for work, going between job sites, or running errands on your lunch break. This can create questions about whether or not the injury is covered.
If you had any pre-existing injuries before the work-related accident, the insurance company might argue that it is the main cause of your pain or conditions. Having a pre-existing condition does not disqualify you from receiving benefits, but you may need to show that the work-related injury is the primary cause of your current symptoms or need for treatment. This may require medical examinations and expert witness testimony.
A Seneca workers’ compensation lawyer from Hammack Law Firm can help you figure out whether there may be an issue regarding the eligibility of your injuries. Medical issues can become incredibly complicated, and insurance companies do not always give out benefits without a fight. Contact Hammack Law Firm now at (864) 326-3333 for a free case review with our workers’ compensation team. We aim to provide empathetic care to everyone we serve, starting with the initial consultation.
Seneca Workers' Compensation Lawyer Near Me 864-514-8192
Get the Benefits and Medical Care that You May Deserve
If your claim is accepted, you may be eligible to receive compensation for your lost wages and any medical treatment that is reasonably related to the injury that you suffered.
In general, your benefits are calculated based on a percentage of your average weekly wages. The average is based on the four previous quarters before the injury took place. This can get complicated if you are not an hourly or salaried employee, work multiple jobs, received a raise recently, or have some other unique factor regarding your wages.
The payments will typically continue until a doctor determines that you are able to return to work without any restrictions on your physical activity. In some cases, the doctor may release you on light duty status. You may be required to accept light work in order to continue receiving benefits. If the light work pays less than your normal wages, you may be entitled to receive additional payments to help make up some of the difference.
If the insurance company stops your payments and you believe that it is an error, you can file a form to challenge their decision and have the SCWCC determine whether you are still eligible for benefits.
Hammack Law Firm Can Guide You Through the Workers’ Compensation Claims Process
For many work injury victims, filing a claim, fighting insurance companies, filling out endless paperwork, and receiving ongoing medical treatment can become incredibly overwhelming. A Seneca workers’ compensation lawyer from Hammack Law Firm can help guide you through the claims process and protect your rights along the way. Our services may include:
- Filing your claim for benefits on time
- Keeping diligent records of your medical treatment and expenses
- Communicating with the insurance company
- Making sure that your average weekly wage is calculated correctly
- Representing you during depositions, court appearances, and hearings
- Helping you connect with medical professionals who may need to testify about your injuries
- Challenging an improper termination of your benefit payments
- Answering your questions about what to expect and how the process works
If you were hurt at work, Hammack Law Firm wants to support you. By devoting time and attention to each client, we provide a small firm feel with a big firm experience.
For a free consultation with our staff, call us today at (864) 326-3333. We also encourage you to read our testimonials and Google reviews online to learn more about how we treat our clients like friends and family.