If you or your loved one were recently injured while on the job in Columbia, South Carolina, you may be eligible to receive workers’ compensation benefits. At the Law Offices of Jason E. Taylor, P.C., our team of work injury lawyers help injured workers who require legal assistance with their workers’ compensation claims. Continue reading to learn more about the workers’ compensation process in Columbia, South Carolina.
Filing a workers’ compensation claim in Columbia is generally a straightforward administrative process that you can complete on your own. However, unique factors and circumstances can quickly complicate the process.
Workplace injury cases involving minor injuries that are clearly work-related, do not require extensive medical treatment or heal completely with treatment, and do not result in permanent disability typically do not require a lawyer. Employers and their insurance companies are likely to approve these types of claims because they do not result in high costs and you typically return to work after a short time.
But, if you’ve suffered more severe injuries that require extensive or long term medical care or your employer had denied or contested the severity of your injuries, having an experienced and knowledgeable Columbia, SC workers’ compensation lawyer on your side could mean the difference between a win and a denial.
If any of the following circumstances apply to you, it may be in your best interest to have a Columbia Workers’ Compensation attorney manage your workplace injury claim:
Injured employees who hire lawyers to represent them on their workers’ comp claim often receive a higher initial settlement offer because of the lawyer’s knowledge, skill, and experience.
Each workers’ compensation case is unique, and many factors determine case values. To determine an appropriate settlement, your attorney must consider the severity of your injuries, lost wages, disfigurement and disability, medical expenses, and many other factors.
The primary goal of a Columbia workers’ compensation attorney is to represent your best interests at all stages of the claims process and recover adequate compensation for your on-the-job injuries.
When you have retained a workers’ comp lawyer, they will typically perform the following tasks:
No. South Carolina workers’ compensation laws are designed to compensate you for any injuries you receive on the job. It is a “no-fault” system, which means regardless of who is at fault for your work-related injury or illness, your employer is obligated to compensate you for your injuries based on a clearly defined formula. In exchange for these benefits, you give up your right to file a personal injury claim against your employer for your injuries.
Additionally, the South Carolina Workers’ Compensation Commission does not take pain or suffering into account when determining how much money you receive after your claim. However, if a person other than your employer was at fault for your injuries, you may have a claim against that third party. For example, if you were injured in a car accident while on the job, the other driver may be liable for your injuries, including pain and suffering.
The Workers’ Compensation Act of South Carolina provides that if an employee suffers injury by accident arising out of and in the course of employment, that individual is entitled to recover medical expenses, temporary total compensation for lost time, and permanent disability benefits if he/she suffered any permanent injury as a result of the work accident.
In order to have your medical costs covered by workers’ compensation, you are required to receive medical care from a provider chosen by your employer or their insurance company, unless you are seeking emergency care. You do have the right to choose a physician to evaluate you for a specific disability, but those costs are not covered by workers’ compensation benefits.
You are also protected against retaliation for filing a workers’ compensation claim. The law prohibits your employer from firing you simply for filing the claim.
To maximize your compensation, it is just as important to consider what you shouldn’t say to a workers’ compensation adjuster. The following are things you should not say when speaking with a workers’ comp adjuster:
Do not agree to any settlement or sign any documents. Even if the settlement seems generous, you may be entitled to more. Before agreeing with any settlement, have a workers’ compensation attorney review any documents and offers.
Getting your workers’ compensation benefits as a lump sum is possible. However, benefits are typically paid weekly. If your benefits have been continued for at least six weeks, you may request that the payments be made by lump sum. When you request a lump sum payment, the Commission will review the request to ensure it is within your best interest and or has been requested by your employer to prevent undue hardship.
Workers’ Compensation settlement negotiations typically occur months after your initial filing. Depending on your injuries, current and future medical costs, and other factors, settlement discussion can range anywhere from six weeks to six months.
South Carolina Workers’ Compensation benefits cover three types of costs:
The Law Offices of Jason E. Taylor, P.C. have dedicated workers’ compensation attorneys, case managers, claims managers, and investigators who work together on each case as a team. We are down-to-earth people who care about our clients and want to see them on the road to recovery. If you are unable to come to one of our offices, we will come to you.
2700 Middleburg Dr Suite 219A
Columbia, SC 29204
(803) 638-4131
(800) 351-3008
Please fill out our Case Evaluation Form if you are interested in legal representation.
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