Workers' Compensation Lawyers in Spartanburg, South Carolina
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The South Carolina workers’ comp lawyers at Cummings and Lewis are here to help injured workers. Our team of experienced Spartanburg workers compensation attorneys is dedicated to ensuring that you receive the medical care and financial compensation you deserve. We understand the physical, emotional, and financial stress that an injury can cause and we want to make sure that you get the support you need during this difficult time.
What is Workers' Compensation?
Workers’ compensation is a form of insurance that provides medical coverage and lost wages to employees who get hurt or sick while performing their job duties. It is designed to help employees recover from their injuries while protecting employers from liability in the event of an injury or illness sustained by an employee at work. This type of insurance is required in most states, including South Carolina.
What is Considered a Workers’ Comp Injury?
In South Carolina, workers’ comp covers all injuries or illnesses sustained by an employee that is related to the job. This includes both physical and mental injuries or illnesses, as long as they were caused by workplace conditions or activities. Injuries may include those resulting from:
- Slip-and-fall accidents
- Repetitive motion injuries like carpal tunnel
- Machinery accidents
- Exposure to hazardous materials or conditions
- Psychological injuries due to job-related stress or harassment
Cummings & Lewis is dedicated to fighting for all affected body parts, not just the areas that insurance carriers claim to be related to the accident. We will work with you to get a second opinion on your injuries if necessary. Our team is more than just workers compensation attorneys – we are your advocates and understanding partners during this difficult time.
Workers' Comp Laws in South Carolina
South Carolina Workers’ Compensation law is a state-mandated insurance program system that provides medical care and financial benefits to injured workers who are injured on the job while performing services for their employer at a time and place designated by the employer. These benefits even apply to injured workers who are injured as a result of their own negligence or fault.
These laws also provide benefits for dependents of those workers who are killed because of work-related accidents or illnesses. Generally, employers who employ 4 or more employees in the state of South Carolina must provide workers’ compensation coverage for injured employees.
How Much Does Workers Comp Pay in South Carolina?
Under South Carolina law, workers’ compensation is determined by your average weekly wage. The four quarters right before your injury are taken into consideration. If you received a raise during that time, for example, the amount you receive will be based on the number of weeks at your current wage and the number of weeks at your past wage, to get an average. The actual rate of compensation is 66 2/3 percent of that average weekly wage.
Workers’ compensation benefits in South Carolina will pay for:
- Essential medical treatment
- Income replacement during recovery
- Compensation for lasting disabilities
- Coverage for disfigurement and physical impairments
- Reimbursement for travel expenses to medical appointments and prescription pickups
- Benefits for surviving family members in case of death
What Does a Workers' Compensation Lawyer Do?
If you have been injured in an accident on the job, the benefits of hiring a workers’ compensation attorney in South Carolina include to recieve help to navigate the process of filing a workers comp claim. That is because there are a few different ways in which the help of a work comp lawyer can be beneficial. Many people make a claim for workers comp, only to have it denied. When facing that situation it can help to have a South Carolina workers’ compensation attorney to address that denial. By choosing a Spartanburg workers compensation lawyer, you create an opportunity for a more successful outcome to your claim.
How Does an Attorney Maximize Your Workers’ Comp Benefits?
Another common concern is that the medical costs associated with your injuries will not be fully covered. A workers comp attorney can also be helpful in making sure that all medical bills that are causally related to your claim are fully paid by the insurance carrier. Additionally, having a lawyer on your side provides you with legal representation to work toward an additional level of compensation. Some specific ways a workmans comp lawyer can help you maximize the value of your claim include:
- Gathering important documentation
- Reviewing case facts
- Filing the right paperwork on time
- Getting your case ready for an appeal
- Making sure your application is complete
- Looking into whether you may have a personal injury case in addition to your workers’ compensation case
Workers Compensation Facts & Statistics
- In South Carolina, the Workers’ Compensation Commission oversees the workers’ compensation system.
- As per the 2011-2012 Annual Report, there were 61,788 accident cases filed with the SC Workers’ Compensation Commission, including 59,408 new cases and 2,380 reopened cases.
- Total compensation and medical costs paid out on closed cases amounted to $867,040,779 during the fiscal year.
When to get a Lawyer for Work Injury
If you have been injured in a workplace accident and are considering filing a workers’ compensation claim, it’s important to know when the right time is to hire an experienced South Carolina workers’ comp lawyer. While many people try and handle the claims process on their own, this can be risky and potentially lead to mistakes or missed deadlines. An attorney for workers comp can help to ensure that you get the full and fair compensation you deserve.
How Often Should I Hear from My Workers Comp Attorney?
The frequency of communication with your workers’ compensation attorney can vary, but staying informed about your case is essential. Typically, updates should be provided regularly, but certain factors can impact how often you’ll hear from your attorney.
- Early stages may require more communication for documentation and initial filings, while later stages could involve fewer updates until significant progress occurs.
- Complicated cases with multiple medical evaluations or disputed claims may require more frequent check-ins to manage the details effectively.
- Any new evidence, medical updates, or approaching deadlines can prompt your workers comp lawyer to reach out with updates and next steps.
In general, you should expect an update every few weeks or whenever there’s notable progress. Discussing your expectations with your workers comp attorney is key for a more streamlined process.
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SC Workers' Comp FAQ
The length of time it takes to settle a workers’ compensation claim varies from case to case. In some instances, the entire process can be resolved in a matter of weeks or even days. In other cases, it can take several months for all parties to reach an agreement and complete the necessary paperwork. It is important to consult with an experienced South Carolina workers’ comp lawyer to ensure that you are aware of all deadlines and other important requirements.
In South Carolina, the maximum amount of time an employee can receive workers’ compensation benefits is 500 weeks in most cases. However, this amount can vary depending on the nature and severity of your injury. In some instances, you may be able to receive additional benefits if your disability is expected to be permanent.
When you make an appointment with a workers’ compensation lawyer, you’ll want to bring proof of the injury, any correspondence about that injury from your employer or their insurance company, and your medical records. Make sure you see a doctor and follow their orders and recommendations, so you have a stronger chance of fair and just compensation for your claim. A workers’ compensation attorney is there to help you, and when you provide more information that help can be easier to provide.
Workers’ compensation is designed to offer financial and medical benefits to employees who experience work-related injuries or illnesses. Typically, it covers medical expenses, including necessary treatments such as hospital visits, surgeries, medications, and rehabilitation related to your injury. Additionally, it provides compensation for lost wages, covering a portion of your income lost due to time off work while you recover. If your injury results in temporary or permanent disability, you may be eligible for disability benefits, which include temporary total disability or permanent partial disability compensation.
Filing for workers’ compensation may seem overwhelming, but breaking it down into manageable steps can make the process easier. Start by promptly reporting the injury to your supervisor or employer, as most states require this notification within a specific timeframe. After that, seek medical attention for your injury, ensuring that your healthcare provider documents your condition and any treatments you receive, as this information is crucial for your claim. Next, complete the necessary workers’ compensation claim form provided by your employer, including all relevant details about the incident and your injuries. Once you’ve filled out the form, submit it to your employer or their insurance company, making sure to keep copies of all documentation for your records. After submission, follow up with your employer or the insurance company to check the status of your claim and be prepared to provide any additional information they may need. If you need assistance filling a workers compensation claim, contact Cummings & Lewis today, we’re here to help you through the entire process.
Alex P. Lewis &
W. Blake Cummings
Named Super Lawyers in 2023
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