Get Help with Workers’ Compensation Claim in South Carolina
Most workers who suffer a job-related injury or illness in South Carolina can file a claim for workers’ compensation benefits. These benefits can pay for your medical treatment. They can also cover two-thirds of the wages you lose while you are unable to work due to your injury.
Unfortunately, many workers try to obtain these benefits without a lawyer’s help. When they do so, they can easily get taken advantage of by their employer and/or their workers’ compensation insurer. They risk losing out on the funds they deserve and ultimately need to survive.
Don’t let this happen to you.
Instead, get help from Jebaily Law Firm. We can offer more than four decades of experience to help you with your workers’ compensation case and, above all, a sincere passion for protecting the rights of those who are hurt on the job in Florence and surrounding areas in South Carolina.
The services we provide will make it worth your while to get in touch with us instead of trying to handle your workers’ compensation claim on your own. Workers’ compensation cases usually follow these steps:
What Does a Workers’ Compensation Defense Attorney Do?
- Help you to get medical care as your case moves ahead. In South Carolina, workers’ compensation medical benefits should pay for all of your treatment. You do not even need to pay a deductible. However, you must go to the doctor that your employer or your insurer chooses. If you don’t, your employer can refuse coverage. If you want to change doctors because you disagree with the course of treatment that your employer-approved doctor prescribes, or if you disagree with the doctor’s assessment of your readiness to return to work, we may be able to help. We can either deal directly with your employer and/or its insurer or, if necessary, file a hearing request with the S.C. Workers’ Compensation Commission. While your case is pending, we can work with your health care provider to make sure your treatment proceeds without interruption.
- File all forms and other paperwork in a timely and accurate manner. When you file a claim for workers’ compensation benefits in South Carolina, you must submit all required forms and comply with strict deadlines. If you fail to comply with the rules, you can lose your right to compensation. For instance, if you were injured in an accident on the job, you must file a claim within two years after the date of your injury. If you lost a loved one due to a work accident, you would also need to file a claim within two years of the date of death. If you have no experience with filing a claim, dealing with the forms and deadlines can easily get confusing. This is where a lawyer can help. When you work with Jebaily Law Firm, you can trust us to file all forms and other documents in your case in an accurate, timely manner.
- Gather and analyze your medical and work records and consult with medical and vocational experts. The success of your workers’ compensation claim will depend on how carefully and skillfully your case is developed. A lawyer who has experience with workers’ compensation claims will know what evidence to collect. At Jebaily Law Firm, we will work quickly to gather and review all of the records related to your medical condition and your employment. We can also consult with medical and vocational experts who can help us to establish the nature and extent of your disability and its impact on your ability to work.
- Seek a full and fair settlement of your workers’ compensation claim. After you reach a point in your case when you are released from medical treatment, the process of negotiating a settlement with your employer and/or its workers’ compensation insurer will begin. If you are not represented by an attorney during this process, you may put yourself at a serious disadvantage. With a lawyer who has experience in negotiating workers’ compensation settlements, however, you can level the playing field. By preparing a solid case on your behalf, Jebaily Law Firm can give you leverage as you enter into settlement talks. We can also use our skills as tough negotiators to seek the maximum amount for you.
- Present the strongest case possible on your behalf at your hearing. If settlement negotiations fail, you may request a hearing before S.C. Workers’ Compensation Commission to obtain an award for any remaining disability you are left with after your medical treatment. A workers’ compensation hearing is very similar to a trial. You will need a lawyer to prepare you for this hearing, present compelling evidence on your behalf, and challenge the evidence brought forth by your employer or its insurance carrier. We have represented clients in numerous workers’ compensation hearings in Florence and throughout South Carolina. You can count on us to present a solid case on your behalf and make a convincing argument for a ruling in your favor.
- Pursue all available options beyond workers’ compensation benefits. You may be entitled to obtain more than workers’ compensation benefits in your case. A lawyer from Jebaily Law Firm can help you to explore all of those other opportunities. For instance, if a party other than your employer caused your injury or illness through their negligence, you may be entitled to bring a third-party claim. This claim can seek damages such as pain and suffering, which are not available through a workers’ compensation claim. If your work-related injury or illness meets the Social Security Administration’s definition of a “disability,” you can also apply for Social Security Disability (SSD) benefits. These are monthly payments. Your spouse and children may be eligible to receive these benefits as well.
- Protect your rights if your employer retaliates against you for filing a workers’ compensation claim. Unfortunately, an employer may fire you or take some other adverse action such as demoting you – simply because you exercised your right to file a workers’ compensation claim. In South Carolina, this is against the law. If your employer retaliates, Jebaily Law Firm will protect your rights, including your right to bring a retaliatory discharge claim against your employer.
Types of Workers’ Compensation Claims We Handle
At Jebaily Law Firm, we have experience representing many workers who have been wrongly treated with their compensation claims. If you have been injured at work, call our lawyers now to help you receive the maximum compensation available.
Common professions where workplace injuries occur:
- Construction Sites
- Industrial Sites
- Healthcare Facilities
- Waterparks/Amusement Parks
These professions can cause serious injuries that can lead to life-changing disabilities. In South Carolina, if you were disabled due to a work-related accident, your claim will be assessed to determine whether you can claim total or permanent disability. We suggest you seek an attorney’s help for filing due to the many errors that may be made that can hold up your claim, or worse, end up in a denied claim.
Connect with Our South Carolina Workers’ Compensation Lawyers
When you are ready to get legal help after you have been hurt on the job in Florence or a nearby area in SC, look no further than Jebaily Law Firm. Our experienced South Carolina workers’ compensation lawyer can make a major difference when it comes to seeking the benefits you deserve. Contact us today and get started with a free consultation.
Yes. However, if you are approved for both workers’ compensation benefits and SSDI, the money you receive from SSDI can be reduced if you receive more than 80 percent of your average pre-injury wages from the combination of workers’ comp and SSDI.
You should not use your health insurance policy to get treatment for a work-related injury. Some private health insurance policies expressly exclude coverage for work-related healthcare. If you use your health insurance to get medical care for a work injury, your insurer may have the right to demand reimbursement from your employer or its workers’ compensation insurer.
Under South Carolina’s workers’ compensation law, you may be entitled to receive benefits that include:
- Medical benefits, including reimbursement for qualifying travel to and from appointments or procedures
- Income replacement benefits, which can make up a portion of your lost income if you cannot work or take a lower-paying job or position
- Death benefits paid to the family of a worker whose death is caused by a work injury
Medical benefits in South Carolina’s workers’ compensation system are supposed to cover the full cost of all reasonable and necessary treatment and rehabilitation for a work injury or occupational illness.
Workers’ compensation benefits cover worker-related injuries and occupational illnesses. To qualify for workers’ compensation benefits, an injury must arise out of and in the course of your employment.
Any employee of a covered employer may receive workers’ compensation for a work injury. Covered employers include most employers with four or more employees. Even part-time and seasonal employees are entitled to workers’ compensation.
You will begin to receive income replacement benefits after missing 8 calendar days of work.
If you’ve settled your workers’ compensation claim with your employer and its insurer, the funds will be released when the South Carolina Workers’ Compensation Commission approves the settlement. The process typically takes about one to two months, though every case is unique.
Workers’ compensation benefits can be paid for up to 500 weeks, although payments may continue for the rest of a worker’s life if they sustain permanent, total disability.
If you have been injured at work, reach out to Jebaily Law Firm for a free case review to speak with our South Carolina workers’ compensation attorneys. Get answers. Get Help.