If you’ve been injured on the job, the days and weeks following an injury can be challenging and stressful. You may struggle to understand your rights or face unwarranted pushback from your employer when you file a claim. In some instances, employers even deny that an injured worker has the right to make a claim.
A workers’ compensation attorney serving Spartanburg, South Carolina, can assist you in navigating these challenges to help you receive the compensation you deserve under the law. Our firm can review your case, file an appeal, and determine if there are other parties involved who may be responsible for covering your losses. Our free, no-obligation consultations are available 24/7.
How Can a Lawyer Help with Your Workers’ Compensation Benefits?
There are several ways an attorney can offer assistance if you or your loved one suffered an injury at work. For example, if your claim has been unfairly denied or you feel that your benefits do not cover all your medical and rehabilitation needs, you may want to consider seeking legal help.
Our team at Hammack Law Firm may be able to assist you by:
- Reviewing the facts of your case
- Gathering required documentation
- Verifying that your application is complete and checking for any inaccuracies
- Filing all appropriate paperwork within the allotted time
- Reviewing your application after a denial
- Preparing your case for appeal
- Examining whether you may be eligible to file a personal injury lawsuit
You have rights under the law in Spartanburg, South Carolina. A workers’ compensation attorney from our firm can help you understand your rights and responsibilities and answer questions you may have. Some of the most common questions we get include the following:
For a free legal consultation with a workers’ Сompensation lawyer serving Spartanburg, call 864-326-3333
What are Your Rights When a Workplace Injury Occurs?
Most companies are required to carry workers’ compensation insurance in Spartanburg, South Carolina. If you are injured on the job, you should be covered under your employer’s insurance regardless of whether it was at fault for the injury. Many employees in South Carolina are entitled to receive injury benefits to cover their:
- Medical expenses
- Rehabilitation expenses
- Lost wages
- Future lost income
However, some companies are exempt from the workers’ compensation insurance requirements. The South Carolina Workers’ Compensation Commission (WCC) outlines that only companies with at least four employees require this coverage, including part-time and family employees. Certain industries may be exempt as well.
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Can I File a Lawsuit for My Injuries?
In general, you cannot sue your employer for workplace injuries. However, your injuries may have been the result of third-party negligence. For example, this can occur if you were driving on the job and got into an accident with a negligent driver. On a construction site, your injuries may have happened due to the actions of another company or its employees.
In cases like these, you may be able to file a personal injury lawsuit against the liable party in Spartanburg. A workers’ compensation lawyer from our firm can review your case to help you understand your options and even handle the legal process for you. Note that S.C. Ann § 15-3-530 gives you only three years to initiate this process.
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How Long do You Have to File for Workers’ Compensation Coverage?
Individuals injured on the job should report their injuries to their manager or employer as soon as possible. Failing to report your injuries within 90 days could result in the forfeit of your benefits. However, it is important to distinguish between the time frame you have to report your injuries to your employer and the time frame to file a claim.
You have up to two years to file a claim for a work injury in South Carolina. This gives you ample time to seek the assistance of a workers’ compensation attorney in Spartanburg if you are facing challenges. Our team is ready to go to work for you.
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What to Do If Your Employer Doesn’t File a Claim on Your Behalf
Employers may try to find ways to reduce the amount of money they must pay in benefits or deny your right to coverage completely. If your employer has refused to file a claim, you can file with the WCC yourself.
Under the law, most employees in South Carolina are entitled to workers’ compensation benefits. Employers are not allowed to fire an employee just for asserting a work injury. If your employer denies that you were injured on the job, threatens to fire you, or if you are facing other difficulties with your claim, Paul Hammack and our team at the Hammack Law Firm may be able to help you.
How Long Can You Receive Workers’ Compensation Benefits?
Every state determines the amount of money a person can recover and how long benefit payments last based on the following:
- Injury location
- Number of injuries
- Length of recovery
- Level of disability after treatment
Your recovery can vary widely depending on the injuries you sustained on the job. An attorney from our team can help you understand the amount of workers’ compensation benefits you may be entitled to receive.
If you feel like your injury was classified improperly or believe you may deserve more benefits, it’s crucial to protect yourself. Our lawyers at Hammack Law Firm are ready to advocate for you through a workers’ compensation hearing.
When to Seek a Workers’ Compensation Hearing
You have a right to request a hearing if you disagree with your claim’s denial, the nature or extent of the treatment recommended, or the level of benefits you receive. A hearing may also be necessary if the appointed doctor clears you to go back to work before your recovery is complete.
You have the right to receive full benefits for your injury. If your claim has been denied or you have not received the medical treatment or recovery you believe you deserve to cover your medical expenses, lost wages, and rehabilitation expenses, contact the Hammack Law Firm. Our attorneys are here to help you navigate your recovery options in Spartanburg, South Carolina. Our team has been able to recover settlements for our clients in the following amounts:
- $365,000 for a spinal injury in a landscaping accident
- $240,000 for a work-related rear-end collision
- $230,000 for a traumatic brain injury
In most cases, it is wise to file your claim through an attorney rather than requesting a hearing on your own. We can review your case and help you plan the wisest course of action forward.
Reach Out for a Complimentary Case Review
Don’t be intimidated or give up your rights. Whether you qualify for workers’ compensation, a personal injury case, or both, you have a limited time to seek the compensation you deserve. To begin discussing your options, contact us online or call (864) 326-3333 for a free consultation.