Dealing with a work-related injury can be one of the most difficult experiences you have ever had to deal with. On top of your physical injuries, you may need to take time off work so you can heal, which could make it challenging or impossible for you to continue supporting yourself and your family. Thankfully, South Carolina law protects injured employees.
If you have been involved in an on-the-job accident, you may be entitled to workers’ compensation benefits. However, accessing these benefits could prove more challenging than you expect. Make sure you have the legal support of a reputable South Carolina workers’ compensation lawyer at Shelly Leeke Law Firm on your side.
If we take on your case, you can rely on our team to help you get your workers’ compensation application approved and handle the appeals process if your claim is denied. Contact our personal injury office for a free consultation today and learn more about the steps you should take to obtain the workers’ compensation benefits you deserve.
What Workers’ Compensation Benefits Are
The South Carolina Workers Compensation Act is a state law that requires companies with three or more employees to purchase workers’ compensation protection coverage. When an employee is involved in a work-related accident, they should be able to apply for workers’ compensation benefits and access the financial support they need while they are temporarily out of work.
When an employee collects workers’ compensation benefits, they are giving up their right to file a claim for compensation through a personal injury lawsuit. However, that does not mean work injury victims are prohibited from filing personal injury claim suits against liable third parties.
Employers that do not carry workers’ compensation insurance protection coverage as required by law can be sued through a personal injury claim by their employees and face state sanctions and penalties, including the potential for criminal charges.
Common Types of Orangeburg Workers’ Compensation Benefits
Whether you are diagnosed with an occupational illness or are dealing with a debilitating or catastrophic injury, you may be entitled to workers’ compensation benefits as long as your injuries occurred within the scope of your employment.
Injured workers are entitled to a variety of workers’ compensation benefits, which include:
Coverage of Your Medical Expenses
Your employer’s workers’ compensation protection provider is required to cover all of your medical expenses related to your work injury. This might include ambulance pills, co-pays, prescription medications, medical devices, and equipment, and any current or future medical care you require.
Vocational Rehabilitation Benefits
Sometimes, workers suffer injuries that are so severe they can no longer continue working. When this happens, if you hope to re-enter the workforce, you may need to go back to school or obtain further job training.
Thankfully, with workers’ compensation insurance, you do not need to pay for these benefits. The insurance company should cover these costs on your behalf so you can find gainful employment and get back to your life.
Wage Replacement Benefits
Work injury victims are entitled to compensation for their loss of income. This way, you can continue to cover a sizable amount of your household expenses despite being out of work.
Most work injury victims are entitled to as much as 2/3 of their average weekly salary. However, there is a limit to the amount you can be awarded each month. As of 2023, the maximum amount of workers’ compensation benefits is set at $1,035.78.
Death Benefits for Surviving Family Members
If you are the surviving spouse or children of someone who passed away in a work accident, you may have the right to death benefits. The insurance company should cover not only your loved one’s medical expenses but also their funeral and burial costs.
Surviving spouses, children, and other dependents may be entitled to wage replacement benefits amounting to approximately 2/3 of the decedent’s average salary upon their passing.
What Happens if Your Workers’ Comp Insurance Claim Is Denied?
It is more common than you might think for insurance companies to deny workers’ compensation claims. Your workers’ compensation attorney in Orangeburg is there to help you hold the insurance company accountable and get the benefits you deserve despite an initial denial.
Often, workers’ compensation claims are denied because of mistakes on the initial application. By providing the insurance company with additional supporting evidence and fixing mistakes, many insurers are willing to overturn denials without a formal appeal. However, if the insurance company is attempting to handle your workers’ compensation claim in bad faith, our team will be ready to make them pay.
How a Workers’ Compensation Attorney in Orangeburg, SC Help
An Orangeburg workers’ compensation attorney could make all the difference in the outcome of your work injury claim. While you devote your time to healing and rebuilding your life, your Orangeburg workers’ compensation lawyer can handle the legal details of your case and fight to get you access to the workers’ comp benefits you deserve.
Some of the benefits of having a respected workers comp attorney handling your case include:
- The insurance company is more likely to take your claim seriously.
- You can be protected against bad faith insurance adjuster allegations.
- You can maintain a good relationship with your employer.
- You can ensure your workers’ compensation claim is filed accurately and completely.
- You can get help changing healthcare providers and obtaining second opinions.
There is no legal requirement that says you need to have a personal injury attorney on your case. However, a workers’ compensation lawyer is an invaluable resource that gives you a chance to get through these difficult times without winding up in financial ruin.
Get Help from a Workers’ Compensation Lawyer in Orangeburg, SC, Today
Far too many employers and insurance companies in the state fail to protect their employees and provide them with the financial compensation they are owed. When you qualify for workers’ compensation benefits and are having trouble getting your employer or the insurance company to approve your claim, do not hesitate.
Meet with an experienced Orangeburg workers’ compensation lawyer at Shelly Leeke Law Firm to discuss your legal strategy today. Our firm offers free, no-obligation consultations to work injury victims throughout Orangeburg and across the state of South Carolina. Claim yours when you fill out our online contact form or call our office today.
