Nobody wants to suffer an injury on the job. After all, your job is your livelihood. It’s how you put food on the table for your family. It’s how you keep paying the bills. But if you were hurt while doing your job, you may have a case to receive workers’ compensation to cover your losses.
When and if your employer or their insurance carrier denies your claim, a workers’ compensation lawyer from Schiller & Hamilton can help you seek the workers’ compensation benefits you deserve. We will handle your legal case so you can focus on your recovery.
A Workers’ Compensation Lawyer Can Recover Benefits for You
Employees have the right to recover several benefits if they were hurt in the performance of their job duties, according to the Workers’ Compensation Commission.
Unfortunately, employers or their insurance carriers may argue your claim isn’t valid to prevent an increase in their premiums. Our firm specializes in workers’ compensation cases, which means we can present your case to the commission or the courts on your behalf in pursuit of the following:
- Medical expenses: Workers’ compensation typically covers medical, hospital, dental, and prescription medication costs you incur as a result of your injury. Avoid missing any appointments to prevent a stoppage of your benefits.
- Lost income: Benefits should cover at least part of your lost income. A workplace injury could keep you from working temporarily or permanently, so you will need your lost income to cover your bills while you recover.
- Disability: You are entitled to disability benefits if you suffer a permanent disability due to your injury.
- Gas Mileage: Benefits can provide reimbursement for gas mileage to and from your medical appointments. The current rate is 58.5 cents per mile.
- Death benefits: If a workplace accident results in the death of someone you love, workers’ compensation benefits can include two-thirds of their pay for up to 500 weeks, along with funeral coverage of up to $12,000. We offer our sincerest condolences for your loss, and we want to help by handling your case while you take the time to grieve.
South Carolina’s workers’ compensation is a no-fault system, meaning the commission does not assess negligence when evaluating your claim. We believe that workers who suffer an injury on the job should receive fair compensation to cover their losses.
Filing a Workers’ Compensation Claim
The Workers’ Compensation Act outlines your right to benefits as an employee who suffers an injury on the job. As with other compensation claims, there are steps you should undertake to increase the likelihood of approval.
- Report your injury: It’s important to report your workplace injury to your supervisor or employer immediately and request coverage of your medical treatment.
- Receive medical treatment: Your employer has the right to select the doctor who will treat your injury, and you must receive permission to see your own doctor, or your medical expenses may not be covered.
- Consult a lawyer: Talk to a lawyer if your employer denies your claim and file an appeal with the Workers’ Compensation Commission.
- File a Form 50: You or your lawyer can appeal to the commission by filing Form 50. This form includes the accident date, a description of the accident, the involved parties, the injuries you sustained, who you reported the injury to, the medical treatment you needed, and what benefits you are seeking.
- Commission hearing: An individual commissioner will hear your appeal and rule on the law within 3-5 months.
- Appeal to full commission: You can then appeal to the full commission minus the commissioner who originally ruled on your claim.
- Take your case to court: If the full commission denies your appeal, you can take your case to the Circuit Court and all the way up to the South Carolina Supreme Court. You must file your appeal to the courts within 14 days.
Most workers’ compensation cases are settled out of court. You should prepare for a long process, though, which your lawyer will guide you through step by step.
A Workers’ Compensation Lawyer Can Strengthen Your Case
You do not have to pursue workers’ compensation benefits on your own. A lawyer who specializes in workers’ compensation cases can guide you through the claims process and look out for your best interests.
In the event you choose to appeal to the Workers’ Compensation Commission or the courts, having an attorney on your side can benefit your case. Our law firm offers the following benefits:
- Gather evidence to support your claim: We will collect evidence to support your claim for compensation, including video surveillance, photographs, job safety reports, inspection logs, witness accounts, medical records, and expert opinions.
- Calculate the value of your losses: We will calculate the value of your claim and assess what compensation benefits you are entitled to receive.
- Negotiate a fair settlement: We will enter negotiations with the insurance company to secure a fair settlement that will adequately cover your losses.
- Represent you at hearings and in court: We will represent you at workers’ compensation hearings and prepare your case for court if necessary.
- Regular communication: We will regularly provide you with updates on your case.
We take pride in assisting workplace accident victims to recover the compensation they deserve. You work hard enough without having to worry about how to make ends meet if you suffer an injury.
Talk to a Workers’ Compensation Lawyer About Your Claim
Suffering an injury at work can drain your finances. When you get hurt at work, you expect your employer to do the right thing and take care of you. If your employer denies your claim, a workers’ compensation lawyer from Schiller & Hamilton can argue your case at the commission and take it to court if that’s what it takes.
Our firm specializes in workers’ compensation cases, and we are ready to talk about your case and fight for you. For a free consultation with a team member, contact us today.