Greer, SC & Upstate South Carolina Workers’ Comp Lawyers

The workers’ compensation system is an important part of workers’ rights in South Carolina and across the country. Each state has its own laws and regulations that specify how the workers’ comp system works, so it’s crucial to familiarize yourself with South Carolina laws if you want to protect your rights.

The good news is that you don’t have to figure out the workers’ compensation system on your own. The team at Nowell Law Firm is here to help with your Greer, SC workers’ compensation claims. Call us at 864-469-2481 to set up a time to talk now.

Understanding Workers’ Compensation in South Carolina

A surprising number of employees do not know their rights as South Carolina workers. The workers’ compensation system is designed to offer guaranteed benefits to injured employees and protect employers from personal injury claims arising from workplace injuries. This system benefits both sides of the equation, but for it to work, you have to know your rights and responsibilities.

In general, the system protects those who suffer any type of injury or illness at work. This is the case even if an injury is because of your own mistake or error in judgment, or even if it’s caused by someone who isn’t employed at your company.

Weekly benefits are based on your average weekly wages. Employees receive up to 66 2/3% of their average weekly wage, but payments cannot exceed the maximum allowed by the South Carolina Department of Employment and Workforce.

Medical care is another key part of workers’ compensation benefits. In South Carolina, employers have the right to choose an injured employee’s treating physician. It’s important to get a doctor referral from your employer prior to seeking treatment; otherwise, they may not pay your treatment expenses.

Navigating the Claims Process

Taking the proper steps after a workplace injury can help you receive your benefits as quickly as possible. You should:

• Report the injury: Each employer has their own procedures for injury reports, so you should do what your employer has mandated. If you wait too long to report the injury, your employer may question whether or not the accident really happened at work.
• Seek medical care: After filling out the paperwork required by your employer, you should get checked out by a doctor right away. If it is not an emergency situation, you must go to a doctor chosen by your employer. If it is an emergency, you can go to the nearest hospital. Keep copies of everything you get and make sure you fully understand your care plan and what is expected of you.
• File a claim: The next step is to file a formal workers’ compensation claim with the South Carolina Workers’ Compensation Commission. This will likely have much of the same information as your employer’s injury report, so make sure that your statements are consistent across both documents. Include all relevant details and leave out unnecessary information.
• Wait for follow-up: Upon receiving your claim paperwork, the Workers’ Compensation Commission will investigate your accident, talk to your employer, and decide whether or not they have any questions or concerns about your claim. In most cases, they simply approve the claim, and you begin receiving benefits. However, if the claim is suspicious or your injuries are inconsistent with the accident you were in, they may want to investigate further and have more questions for you. Cooperate with the investigation, but don’t be afraid to talk to an attorney if things aren’t lining up at any point.

Protecting Your Rights and Benefits

Ideally, the workers’ compensation claim process should be simple and straightforward. The system benefits both employees and employers, so employers should have no reason to push back on legitimate claims. That isn’t always how it works out, though. Some employers and workers’ comp insurance providers try to save money by denying claims whenever possible. That’s why you should always protect yourself.

Proper documentation is a big part of getting the benefits you deserve. Keep copies of anything you receive related to your injury, including medical records, receipts, treatment recommendations, and therapy exercises. You should also keep the lines of communication open between you and your employer. Provide them updates on your treatment and progress, and if they request any records or documentation, provide them promptly. Take notes regarding all injury-related communication.

Your medical care is another big part of your claim. You must be doing your best to recover from your injury so you can return to work and stop receiving benefits. If you skip appointments, fail to do your physical therapy exercises, or otherwise are non-compliant with your doctor’s recommendations, that could work against you when it comes to receiving benefits.

It’s also important to understand your rights when it comes to your work. If you are approved for light duty, don’t assume that your employer has no light duty options for you. Keep them informed of what your doctor says and be flexible about your return to work.

How a Workers’ Compensation Attorney Can Help You

If your claim is denied or delayed, you’re likely panicking about when you can pursue treatment and when your wages will come in. We understand, and we’re here to help. The system should be easy to navigate, but a surprising number of employers make it harder than it has to be. If they repeatedly ask for the same documents, seem to be nitpicking your claim or your side of the story, or give you any signs that they do not believe you, it’s time to talk to an attorney. We can look at the current status of your claim, figure out what needs to happen to keep it moving and come up with a plan that protects your benefits.

Contact Nowell Law Firm to Get Started on Your Claim

Are you ready to discuss your workers’ compensation claim with our team? Let’s sit down and talk about what comes next. Call us at 864-469-2481 or send our team a message online to schedule your consultation with our Wellford workers’ comp attorneys.