(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.
You are entitled to receive medical care paid for by workers’ compensation to the extent required to treat your work-related injury. This care includes:
Make no mistake, the insurance company’s primary interest is saving money by not spending it on you.
You may get the runaround, or your claim for workers’ compensation medical benefits may be wrongfully denied. A Holland & Usry attorney knows the strain you are under and will support and advocate for you to restore your confidence after a destabilizing work accident.
Your doctor will work with you to get you back on your feet and back to work, but while you are home or in the hospital, beginning your healing journey, workers’ compensation will pay a portion of your wages to keep your financial health from a tailspin. South Carolina requires you to be away from work after your injury for seven days, which means your benefits kick in on day eight. Wage compensation is divided into temporary partial disability (TPD) and temporary total disability (TTD).
You have a temporary partial disability if you can return to work only part-time, and you have a temporary total disability if you can’t perform any job for a short period.
Temporary workers’ compensation benefits in Spartanburg generally pay two-thirds of your pre-tax wages. Those benefits are tax-free. For a free case review, contact Holland & Usry now, where an attorney will treat you with compassion and dignity while guiding your legal journey.
Your treating physician will continue your care to determine when you are healed as much as possible, and your condition will not continue to improve. If maximum medical improvement (MMI) does not restore you to the condition you were in before the work accident, the doctor will determine the extent of your permanent disability. Often, permanent disability is partial, meaning you can return to work either at full capacity or with some restrictions that may require you to find another job. Sometimes, permanent disabilities are so severe that you can be found permanently and totally disabled under the workers’ compensation law. That determination usually requires a vocational expert to evaluate you and conclude your injuries keep you from working any job you’re qualified for.
Benefits are calculated using the percentage of disability determined by your doctor, plus work restrictions and your need for future medical care.
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.
Employers sometimes fight a claim because they do not want their insurance premiums to be hiked. Insurance companies are enormous, multibillion-dollar corporations that make money by not paying benefits.
An insurer may contact you and urge you to accept a settlement that often doesn’t even cover your medical bills. An attorney has your best interests in mind and will fight for the most compensation possible. Your lawyer can also:
With an experienced workers’ compensation benefits attorney by your side, you can navigate the complex claims process confidently and focus on your recovery while knowing your rights are fully protected.
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.
