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.
We Will Fight for Your Recovery
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 you are experiencing, we can fight for the compensation you 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.
For a free legal consultation with a workers' compensation lawyer serving Seneca, call 864-740-8653
Our Recent Workers’ Compensation Case Results
Here are some results from past workers’ compensation cases we won for our clients.
- $370,000: Recovered for a client who filed a workers’ compensation claim
- $365,000: Recovered for a client whose spinal cord was injured during a landscaping accident
- $295,000: Recovered for a client who suffered injuries in a hydraulic lift accident
- $230,000: Settlement for a client who suffered a traumatic brain injury (TBI) after a tire struck their head
- $170,000: Settlement for a client who fell 16 feet through a roof
We will pursue the appropriate settlement in your case, which can help you pay your medical bills and other expenses as a result of your injuries.
Seneca Workers' Compensation Lawyer Near Me 864-740-8653
Most S.C. Employers Must Cover Work-Related Injuries
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 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.
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Benefits Available Under Workers’ Compensation in South Carolina
If you are awarded workers’ compensation in South Carolina, the insurance should cover all authorized expenses resulting from your work-related injury. While workers’ compensation benefits vary across states, they generally cover an employee, regardless of whether the employee or the company is at fault. Workers’ compensation benefits vary by type. You may qualify for:
- Medical expenses from your hospital visit
- Ongoing medical expenses related to your treatment and recovery
- Compensation for lost wages
- Temporary or permanent disability
- Vocational or educational assistance
- Death benefits (for surviving family members who lost a loved one to an on-the-job injury)
You can consult with an attorney before accepting any of these workers’ compensation benefits for a Seneca work-related injury. Once you accept them, you cannot later sue your employer for more compensation for the injury you suffered on the job or during a work-related task.
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Filing a Claim for Seneca Workers’ Compensation 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 ensure that this information is accurate and thorough so that your claim can be processed as quickly as possible.
Your Employer’s Insurance may Challenge Your Workers’ Compensation Claim
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 traveling for work, going between job sites, or running errands on your lunch break. This can create questions about whether 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.
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 reasonably related to the injury 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 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. For your case, 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
We Will Seek the Most Compensation for You
We want to help you fully recover from your workplace injuries. Our attorneys will explore all avenues for compensation under state law in your case. We will set out to prove the severity of your injuries and that you should be appropriately compensated for them.
We Respect Your Right to Professional Legal Representation
Worker’s compensation cases can be complex and sometimes hard to follow. They can be especially challenging for clients trying to take care of their legal matters while healing from their injuries. We aim to make the process easier for you. We will take time with you and your family to explain all laws and rules that apply to your case. We will also patiently listen to you and answer your questions and concerns.
At Hammack Law Firm, we follow our Client’s 10 Bill of Rights, which we created to ensure your needs always come first and that you receive the legal care you deserve. Under this “bill,” we recognize your right to receive respect, courtesy, compassion, and empathy from us. You also have the right to connect and speak with us about your case within 24 hours after you call and receive timely updates about your case.
Call Us Today for a Free Consultation
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.