Rock Hill Hurt on the Job Lawyer
Most employers in Rock Hill and throughout the state must obtain a workers’ compensation insurance policy. With the exceptions of a few specialized workplaces, all employers with at least four employees must provide these benefits to all their workers.
Workers’ compensation applies whenever you suffer an injury arising from your employment. It does not matter if the injury is the result of your own negligence, occurs because of a freak accident, or is due to repetitive stress. If you are hurt on the job in Rock Hill, you deserve to collect workers’ compensation benefits.
Sadly, the path to collect these benefits is often difficult. Insurance companies often look for excuses to reduce benefits or deny a claim altogether. A Rock Hill hurt on the job lawyer may be able to help you to evaluate the reason for your denial and to take the necessary legal steps to protect your rights.
The Basics of Workers’ Compensation Law
Workers’ compensation laws exist to protect both employees and bosses. If an employee suffers an injury while on the job, they can receive benefits that include medical care, temporary income payments, and lump-sum settlements for any permanent injury. Injured employees cannot directly sue their employers for their losses, even if the incident that caused the injuries was clearly the fault of the employer.
It is essential to understand when an injury qualifies an employee for workers’ compensation benefits. According to South Carolina Code §42-1-160, an injury includes only harm that arises in the course of employment. This specifically does not include diseases such as lung conditions or cancers.
Furthermore, it is important to be able to connect one’s injury to their time on the job. A claimant who now suffers from chronic back pain should be able to point to a specific time at work that caused their injury or be able to demonstrate how repetitive stress resulted in their condition. A Rock Hill hurt on the job lawyer could help to provide more information about the workers’ compensation laws.
Legal Options Following a Denial
Insurance companies may deny a claim for benefits for many reasons. Prominent among these are:
- A lack of workplace connection
- The employee did not miss enough time at work
- The employee’s condition is not serious enough to warrant payment
- The injury was the result of horseplay
No matter the reason for a denial, all employees have the right to pursue an appeal. The South Carolina Workers’ Compensation Commission handles all disputes between injured employees and workers’ compensation insurance companies. To initiate an appeal, a worker must complete and file Form 50.
Once the Commission receives this form, it will schedule an informal hearing that gives both parties a chance to reach a compromise. It is only if this informal hearing fails to bring a result that the claim goes to a formal appeal. A Rock Hill hurt on the job attorney could help to evaluate the reasons for a denial, gather additional evidence needed to pursue an appeal, and appear in person to argue for an injured worker’s rights.
Let a Rock Hill Hurt on the Job Attorney Stand Up for You
Every worker who enjoys the protection of workers’ compensation insurance has the right to receive benefits after an injury arising from their employment. A successful claim may collect benefits in the form of medical care, temporary disability payments, and compensation for any permanent disability.
Sadly, denials and conflicts are common in workers’ compensation cases. If an insurance company has denied your claim for any reason, a Rock Hill hurt on the job lawyer may be able to help you. A lawyer from Schiller & Hamilton could take the necessary steps to evaluate your claim, initiate an appeal, and fight for the benefits that you deserve.