South Carolina workers’ compensation laws can be tough to understand. If you suffer an on-the-job injury, you may be eligible for workers compensation benefits. Yet, there can be times when an employer takes steps to prevent you from getting fair compensation due to your workplace injury.
If you suffered a work-related injury, Shelly Leeke Law Firm can help you sue your employer or any at-fault parties and seek the workers’ compensation benefits that are rightfully yours. Your committed Beaufort workers’ compensation lawyer will take no shortcuts in our efforts to help you receive an appropriate amount of damages from any at-fault parties and your employer’s workers’ comp insurance provider. Let an experienced Beaufort personal injury lawyer with our firm, with over a decade of training and experience, take up the fight for you!
What It Takes to File a Workers’ Compensation Claim in Beaufort
You have up to 90 days from the date of your on-the-job accident to file a workers’ compensation claim with your employer and up to two years to file your claim with the South Carolina Workers’ Compensation Commission (SCWCC). If your injury is serious, go to an emergency room or call 911 immediately. You should also report the injury to your employer and make sure there is a record of the incident.
In South Carolina, employers with at least four staff members are required to have workers’ compensation insurance. There are some exceptions to this rule. Regardless, if you qualify for workers’ compensation, your employer can help you cover some or all of your lost wages and medical expenses associated with your on-the-job injury.
If your employer refuses to pay your workers’ compensation claim, it is beneficial to partner with a powerful legal advocate. You can hire a workers’ compensation lawyer in Beaufort who knows the ins and outs of the state’s workers’ comp laws. Shelly Leeke Law Firm will advocate for you and ensure you receive sufficient compensation relating to your workplace injury.
Why It Pays to Decline an Immediate Beaufort Workers’ Compensation Settlement Offer
Following your on-the-job injury, your employer may reach out to you with a settlement proposal. Your employer may do so within days of your injury. If you accept the offer, you may be forced to give up your right to sue.
If your employer comes forward with a settlement proposal, do not accept it right away. At this time, connect with a Beaufort workers’ compensation attorney. We can review the settlement offer and help you weigh its pros and cons.
It can be tempting to accept a quick settlement, but doing so can impact your finances long into the future. Thus, if you get a settlement offer shortly after you suffer your injury, reach out to a dedicated work injury attorney at our firm. Then, we can help you make an informed decision regarding the proposal.
When to Move Forward with a Beaufort Workers’ Compensation Lawsuit
Expect a workplace injury to put a dent in your budget. Even a minor injury can force you to undergo multiple medical evaluations and require lengthy and expensive treatments. You may also need to miss work — and lose wages — while you recover from your injury.
By hiring a workers’ compensation attorney in Beaufort, you can prepare a case to receive the most damages possible from your employer’s insurer or any other at-fault parties. Once you file your claim for benefits, we will do everything possible to fight back if your application is ultimately denied.
If you are unsure about whether to file a workers’ compensation claim, find out whether it is the right choice for your claim when you contact our office for a free consultation. We can explain how the appeals process works and what to expect throughout the legal process. For those who move forward with a work injury civil claim, we will do everything in our power to win or settle their claim in as little time as possible.
How We Prepare You for a Work Injury Trial
You may wait weeks or months for your workers’ compensation appeal to commence. Meanwhile, we will help you make the most of this time. To do so, we will need to gather compelling evidence that can strengthen your case.
This evidence should represent the proof needed in a personal injury or a workers’ comp claim that an at-fault party is responsible for your workplace accident and injury. For example, you may provide work reports that detail how an employer previously ignored an on-the-job safety issue. You can also provide medical records, pay stubs, and other documentation that highlights the financial impact of your workplace accident and injury to date.
We will be ready to respond to your questions leading up to your workers’ compensation trial. There is no such thing as a “bad” question, particularly when it comes to your workers’ compensation case. Therefore, if you have questions about your case, our team encourages you to reach out and share them at any time.
How a Judge or Jury Determines if You Will Receive Damages in a Beaufort Workers’ Compensation Lawsuit
You and the defendant in your work injury case may attempt to negotiate a settlement prior to a trial. If you continue to be presented with settlement offers that fall short of your requirements, you should reject each one. If your case goes to trial, a judge or jury will determine if you should be awarded damages.
A judge or jury listens to both sides in a work injury case. Your legal advocate can present evidence and witness testimony designed to show a judge or jury why you deserve to be awarded damages, even if you are also collecting workers’ compensation benefits. Comparatively, the defendant will try to contest your claim and compel a judge or jury to rule in their client’s favor.
Beaufort Workers’ Compensation FAQ
What Does a Workers’ Compensation Attorney in Beaufort Cost?
When you hire a workers’ comp lawyer on contingency, you do not have to worry about paying out-of-pocket for any of your legal fees. In fact, you do not pay anything unless or until we win your case. Working on contingency means payment for our efforts is contingent upon winning your case per South Carolina Judicial Branch Rule 1.5: Fees.
If we win, we may be entitled to a portion of your settlement. The exact percentage will vary on a case-by-case basis. You can find out what your contingency agreement might look like when we discuss the specific circumstances of your claim in greater detail.
When Will My Workers’ Comp Benefits Be Terminated?
Usually, you can continue to collect workers’ compensation benefits until you reach the maximum number of weeks allowable, depending on the type of injury you sustained. Generally, workers’ compensation recipients can continue receiving benefits until their injuries are resolved and they are able to return to work. If you are unsure how much longer you can continue collecting workers’ comp, do not hesitate to consult your legal advocate for answers.
What Types of Work Accidents Warrant Workers’ Comp?
There are countless types of work-related accidents that may warrant workers’ compensation benefits. Construction accidents, work-related car crashes, repetitive stress injuries, and even office work can result in debilitating injuries and damages. As long as your injuries occurred within the scope of your employment, you may be able to collect workers’ comp benefits.
What Are Death Benefits?
Death benefits refer to workers’ comp benefits that are paid out to the decedent’s surviving family members after a work accident. Under the South Carolina Code of Laws, Title 42, Chapter 1, §42-1-110, the decedent’s surviving spouse, children, or dependents may be entitled to wage replacement benefits. The insurance company will also cover a portion of the decedent’s funeral and burial expenses.
Now Is the Time to Hire a Top-Rated Beaufort Workers’ Compensation Lawyer
Shelly Leeke Law Firm is here to help you get through these difficult times. Your Beaufort workers’ compensation attorney will work tirelessly to get your claim for benefits approved and assert your right to maximum compensation if you need to proceed with a work injury claim. Our law office is ready to be your strongest legal advocate.
Are you ready to take charge of your on-the-job injury? Fill out our online contact form or call our office to get started. When you compel your employer to compensate you fairly for your workplace-related injury or win at trial, you will be proud that you had the courage to demand justice.
