(864) 582-0416 When you suffer an on-the-job injury due to your work duties, you deserve the opportunity to collect workers’ compensation benefits in Spartanburg. Unfortunately, the process for obtaining those benefits isn’t always simple. Some insurance companies try to deny coverage. Other people don’t receive their benefits because the insurance company ignores them, which is why it’s beneficial to put your trust in an experienced workers’ comp attorney who knows how to help.
Our knowledgeable legal team at Holland & Usry could assist by following the correct procedural channels, handling the adjuster, and doing the complex legal work to help you obtain your rightful workers’ compensation benefits.
Under South Carolina law, people who experience harm while at work are generally eligible to collect workers’ compensation benefits from their employer’s insurance plan. Because the state oversees the workers’ compensation program, the benefits are set by law and are standard.
In general, South Carolina law allows the workers’ compensation insurance company to pick the doctor because the insurance company pays the bill. It’s important to check with the workers’ comp plan or consult with your employer about going to the doctor to protect your right to coverage. If a worker experiences an acute emergency, they should immediately seek medical care. The same holds true if the insurance company denies the workers’ comp claim. Injured employees can seek recovery of their medical costs or emergency care relating to their workplace injuries.
Workers whose injuries stop them from working can also collect disability benefits up to a state limit.
If an employee’s injuries temporarily prevent them from working in any capacity, they can obtain a portion of their lost wages. Typically, injured workers can collect two-thirds of their weekly wages, tax-free.
If the injured worker can work but not at the same pay level, they could be eligible to collect two-thirds of the difference between their new and old position’s wages.
Workers also qualify for a cash settlement for any permanent disability. It’s paid as a single, tax-free payment. For serious injuries, calculating this can be complicated. If the worker is hurt so seriously that they cannot work or cannot earn the same income as before, they can qualify for an enhanced settlement. Insurance companies fight these especially hard, and calculating these settlements is even more complicated.
Our attorney in Spartanburg could investigate your options, thoroughly evaluate your case for the right settlement strategy, and help you pursue fair workers’ compensation benefits.
In the unfortunate event of the workplace death of your loved one, a compassionate local lawyer could help your family obtain death benefits, which would represent a portion of your lost loved one’s wages.
Other benefits might also be available, such as sums for losing a limb or becoming disfigured.
Unfortunately, sometimes employers try to deny employees their rightful benefits for various reasons.
Insurance companies often blame work injuries on prior or pre-existing injuries. But that’s not necessarily the case. South Carolina workers’ compensation law allows benefits for pre-existing injuries or prior medical conditions if the work injury aggravated the prior condition. “Aggravated” means the work injury made the prior injury worse. While these cases are often hard-fought, they can be won. They require the right medical evidence from the treating doctor, which an experienced lawyer knows how to get.
Another reason for denial is the insurance company claiming that a worker’s injury was unrelated to their work or job duties. A seasoned lawyer could search for proof that your injury occurred while you were on the clock or because of what you did at work.
And even in cases where the insurance company pays benefits, the insurance company almost always disputes the severity of the work-related harm. Our well-practiced legal team knows how to combat these attempts by insurance companies to avoid liability.
Some companies try denying workers benefits by claiming they were subcontractors or independent contractors, instead of employees. Our attorney could investigate the circumstances of your employment to help you prove that you were an employee.
Unfortunately, some employees do not receive their rightful benefits simply because of procedural mistakes. They might fail to report their injury immediately or see the wrong doctor. Working with an experienced legal team from the start could help you avoid these challenges.
Regardless of the reason for your denied claim, a skilled Spartanburg lawyer could find a solution to help you fight for your rightful workers’ compensation benefits.
If you suffered an injury because of your job, you deserve to collect your workers’ compensation benefits in Spartanburg.
Contact our legal team at Holland & Usry to discuss what happened, and let us fight for you. Call now for a FREE case review.
