Have you suffered an injury on the job in Rock Hill? Under South Carolina’s workers’ compensation system, you may have the right to receive financial benefits from your employer that can help pay for medical expenses and make up a portion of your lost wages from missed work. If you face difficulty obtaining the benefits you need after a workplace accident, turn to a top-rated workers’ compensation attorney from Ted A. Greve & Associates PA for help. Contact us today for an initial case evaluation to learn more about your rights as an injured employee under South Carolina’s workers’ compensation law.
Understanding the Role of a Workers’ Compensation Attorney in Rock Hill
Injured workers can help simplify the workers’ compensation claims process by working with a workers’ compensation attorney who can handle all the details of their claims while they focus on treating and rehabbing their injuries. A lawyer can move a worker’s claim forward when their employer or the workers’ compensation insurer tries to delay or deny benefits. An attorney can also advocate for the worker’s interests if they must pursue a formal claim with the South Carolina Workers’ Compensation Commission.
The role of a workers’ compensation attorney in an employee’s case may include:
- Investigating the circumstances of a worker’s injury or illness to secure evidence connecting the injury or illness to the worker’s employment
- Documenting the nature of the worker’s injury or illness and their financial losses for which workers’ comp provides benefits
- Filing the worker’s claims and handling negotiations with their employer and insurance adjusters
- Pursuing a formal claim and hearing with the Workers’ Compensation Commission to challenge the denial or termination of benefits
Navigating the Workers’ Compensation System in South Carolina
The workers’ compensation system in South Carolina provides guaranteed, no-fault benefits to eligible workers who suffer work-related injuries or illnesses. The no-fault nature of workers’ comp benefits means that injured workers do not need to prove their employers’ negligence caused their injuries to qualify for benefits. Instead, employers must provide workers’ comp benefits to employees who experience work injuries or occupational illnesses. However, in exchange for guaranteed benefits, workers’ compensation claims become injured employees’ exclusive legal remedy against their employers for workplace injuries.
Employees can seek benefits for most kinds of work-related injuries, illnesses, or medical conditions, such as:
- Broken bones
- Ligament sprains and tears
- Muscle and tendon strains and tears
- Burns
- Traumatic brain injuries
- Herniated disc injuries
- Repetitive stress injuries
- Crush injuries
- Respiratory illnesses caused by toxic exposure
- Viral or bacterial infections acquired at work
- Cancers caused by exposure to carcinogens at work
Unfortunately, workers who sustain occupational injuries and illnesses can face various challenges in securing benefits despite the no-fault nature of the workers’ compensation system. Common obstacles that can arise from filing workers’ comp claims include:
- Proving the work-related nature of an injury or an illness
- Injuries that constitute an aggravation of a pre-existing injury or condition
- Questions over whether an injury occurred in the course and scope of employment
- Delays in processing and approval of workers’ comp claims
- Disputes over the reasonableness or necessity of proposed medical treatment or rehabilitation
- Errors in calculating a worker’s lost wage benefits
- Determining whether a worker can return to work or the nature and severity of a permanent disability
At Ted A. Greve & Associates PA, our workers’ comp lawyers in SC can guide you through the challenges that may occur in your claim and help you receive the benefits you need and deserve.
Eligibility and Benefits for Workers’ Compensation in Rock Hill
Under South Carolina law, an employee who works for an employer for compensation becomes eligible for workers’ compensation benefits if they work for a public or quasi-public corporation or a private employer regularly employing four or more employees. However, the law exempts some employees from the scope of the workers’ comp systems, including:
- Casual employees
- Employees of state or county fair associations
- Agricultural employees
- Railroad employees
- Federal employees
All other workers of an eligible employer, including part-time, temporary, seasonal, and probational employees, qualify for workers’ compensation on their first day of employment. Minors and non-U.S. citizens (including undocumented workers) also qualify for workers’ compensation benefits. However, people who work for a business as independent contractors cannot seek workers’ compensation benefits from that business.
Benefits available through the workers’ compensation system in South Carolina include:
- Medical Benefits – Workers’ compensation can pay for all reasonable and necessary treatment, rehabilitation, and medical equipment for a worker’s qualifying injury or illness.
- Lost Wage Benefits – Workers’ comp can provide partial reimbursement equal to two-thirds of the worker’s average weekly wage when a worker cannot return to work following a workplace injury.
- Permanent Disability Benefits – A worker who suffers a permanent impairment from a work injury after achieving maximum medical improvement can receive further permanent disability benefits based on the nature and severity of the disability.
Steps to Take After a Workplace Injury
Taking prompt action after getting hurt at work can preserve your rights to workers’ compensation benefits. Steps you should take when you suffer a workplace injury include:
- Report your injury to your supervisor, HR representative, or employer immediately.
- Seek prompt medical attention. Tell the provider treating you that you suffered your injury at work.
- Notify your employer that you wish to file a claim for workers’ compensation benefits.
- Request a copy of any accident or incident report created by your employer.
- Remember to obtain copies of your medical records.
- Follow all your doctor’s treatment recommendations, recovery instructions, and medical restrictions. Ignoring treatment may lead your employer to terminate your workers’ comp benefits before you’ve recovered.
- Gather copies of your pay stubs if you need to take time off work.
- Keep any bills, invoices, or receipts for unreimbursed medical expenses.
Finally, contact a workers’ compensation lawyer from Ted A. Greve & Associates PA as soon as possible after a work accident to get help recovering the benefits you deserve under South Carolina’s workers’ compensation system.
Contact a Workers’ Compensation Attorney in Rock Hill
When you’ve suffered a work-related injury or illness, a workers’ compensation attorney in Rock Hill, SC, can help you seek the benefits you need to recover and get back to work. Contact Ted A. Greve & Associates PA today for a free, no-obligation consultation with a knowledgeable SC workers’ comp lawyer. We’ll help you understand the benefits available through the workers’ compensation system and discuss your rights after a work accident.
