Boiling Springs, SC Workers’ Compensation Attorneys

What happens when a regular day at work spins out of control, leading to an injury that forces you out of work and into a doctor’s office? Workplace injuries are fairly common, especially in industries like construction, manufacturing, retail, and customer service. Luckily, there are programs in place to help injured workers in Boiling Springs, SC get the compensation they need after an accident. Workers’ compensation provides medical care at no cost to the injured employee and partial wage benefits.

Have you been hurt at work? If so, you’re likely entitled to workers’ compensation benefits. Learn more now by discussing your case with Nowell Law Firm. Just call us at 864-469-2481 to set up a consultation.

Are You Entitled to Workers’ Compensation?

If you are employed in the state of South Carolina, you are likely entitled to benefits under the rules outlined by the South Carolina Workers’ Compensation Commission. People often believe that they cannot receive benefits if they are to blame for the accident that led to their injuries—for example, imagine a manufacturing employee who forgets to put the safety guard of a machine in place before beginning their work, which results in them getting cut by the machine. 

Even if the injury is your fault, you are entitled to benefits. The same is true if your employer, a coworker, or no one at all is at fault for your injuries. The benefit of the workers’ compensation system is that it does not require the employee to prove someone else’s fault or prove their own innocence.

However, there are circumstances in which you are not entitled to benefits after an accident. First, if you are an independent contractor, you cannot receive workers’ compensation benefits as you are not technically an employee. You may be able to purchase your own workers’ comp insurance plan if you so choose. You may also not receive benefits if you were impaired by drugs or alcohol at the time of the accident, so you should anticipate a drug and alcohol test before receiving payments.

The Process of Starting a Claim

You should immediately report your injuries to your manager or supervisor. Telling a coworker about your injuries does not count as making an official report. The sooner you tell a supervisor, the better—this gives them a chance to see the injury pre-treatment, document it, and get a full explanation of what happened. The longer you wait to tell your side of the story, the more you’re likely to forget.

From there, your employer files a claim with the Workers’ Compensation Commission. You may wish to file up to ensure that they have filed their paperwork. Before you reach the two-year deadline from the date of your injuries, you must submit Form 50 to the Workers’ Compensation Commission.

After you have reported the injury, you’ll likely be sent to a medical care provider right away. The sooner you get your injuries examined, the better chance you have of making a full recovery. Under South Carolina law, your employer gets to choose your treating doctor. It’s important that you only go to the doctor they send you to—if you seek care through your own provider, workers’ compensation will not pay for it. If you don’t like the doctor they send you to, you can request to be sent to a different physician. Should your physician recommend that you see a specialist for your injuries, talk to the workers’ compensation insurance provider before seeing that specialist to verify that they will pay for it.

Types of Benefits

There are multiple types of benefits provided by workers’ compensation in South Carolina. The first is partial wage replacement, which is dependent on whether you are completely out of work or unable to work your regular hours. If you are taken out of work entirely, you receive up to 66 2/3% of your average weekly wage. 

This is capped at a maximum weekly payment that goes up each year—in 2023, the maximum weekly payment is $1,035.78. If you are put on light duty and get paid less or you have to cut your hours while recovering, you get partial compensation. This is 66 2/3% of the difference between what you earn while recovering and your average weekly wage prior to your injury.

You also get your medical care paid for by the insurance provider until you reach maximum medical improvement. Again, this requires you to be seen by the doctor of your choosing. They may also choose to stop providing benefits if you skip appointments, do not cooperate with the treatment plan, or otherwise attempt to interfere with your recovery.

What Happens If Your Claim Is Denied?

Unfortunately, there is always a possibility that your workers’ comp claim will be denied. In some cases, these denials are legitimate. In other cases, they are because the employer is trying to drive down their injury rates to prevent an insurance rate increase. Employers and insurance providers give a wide range of reasons for denying claims, including:

• Believing that the injury did not occur at work

• Claiming that the entire injury is made up or fraudulent

• Believing that the employee was under the influence of drugs or alcohol at the time of the accident

• Evidence that the injury is exaggerated to receive benefits for a longer period of time
• The injuries do not line up with how the employee described the accident

If your claim is denied or you have reason to believe that the insurance company is investigating you, it’s time to move forward with a workers’ comp attorney.

How Nowell Law Firm Can Help You

At Nowell Law Firm, we have handled many workers’ compensation cases for employees all over Boiling Springs. We know that injured employees can be treated poorly by employers who want to blame them for their injuries or terminate them for filing a claim. But you are entitled to workers’ compensation benefits—and if your employer is attempting to deny you the benefits you’re owed, we are here to hold them accountable.

Whether the company is refusing to file an official claim, denying your claim outright, or spending an extensive amount of time investigating you, you deserve better. Let us help.

Contact Us to Start Your Claim

When you’re ready to start your workers’ comp. claim in Boiling Springs, Nowell Law Firm is here to advocate for you. Set up your consultation now by calling us at 864-469-2481 or contacting us online.