If you got hurt at work, you might be eligible for medical coverage, a portion of your lost wages, and cash benefits through workers’ compensation. Per the South Carolina Workers’ Compensation Commission, employers with four or more employees must provide workers’ compensation insurance.
We want to help if your employer or the Workers’ Compensation Commission denied your benefits or failed to provide you with the full benefits you deserve.
At George Sink, P.A. Injury Lawyers, our team will evaluate your workers’ compensation claim and fight for the benefits you deserve. A Charleston workers’ compensation lawyer from our firm is ready to advocate for you.
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Qualifying for Workers’ Compensation in South Carolina
Many people in South Carolina qualify for workers’ compensation benefits. However, the following parties may not qualify:
- Employees of the federal government
- Workers at small businesses with fewer than four employees (with notable exceptions)
- Many railroad workers
- Certain prisoners
- Some agricultural workers
- Some temporary employees (with notable exceptions)
- Some commission-paid real estate salespeople
If you’re not sure whether your employer has workers’ compensation coverage, you can search online through the South Carolina Workers’ Compensation Commission.
You May Apply for Benefits if these Factors Apply to Your Charleston Injury Case
If you are covered by a workers’ compensation policy provided by your employer, getting the benefits you deserve rests largely on these factors:
- Providing proper notice to the employer
- Demonstrating that the injury or disability happened in the course and scope of employment
- Proving that the injury or disability triggers workers’ compensation coverage
- Showing that you are an employee (which can be trickier than it seems)
Of course, things do not always go smoothly. That’s why, if you’re facing difficulty getting the benefits you need, you should consider partnering with our team.
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Compensation Available to an Injured Worker in Charleston, SC
Workers’ compensation benefits are a great option when you cannot work to make ends meet, and you have medical bills to pay. However, it may not pay as much as you need, and it may not cover expenses and losses outside of its narrow scope.
Yet, you have options. Our lawyers in Charleston County are ready to explore them.
You May Qualify for these Benefits Under Workers’ Compensation Insurance
Workers’ compensation policies in South Carolina typically provide the following benefits if you suffer a workplace injury:
- Medical care and other treatment-related expenses
- Cash benefits that cover about two-thirds of your wages
- Permanent total disability and/or permanent partial disability
- Funeral and burial benefits for families of those who pass away in job-related accidents
Exceptions to each of these benefits exist. We can review your situation and explain what you are eligible to receive.
You May Qualify to File an Injury Claim or Lawsuit to Seek Damages
If you suffered an on-the-job accident and your accident resulted from negligence, you could file an injury claim or lawsuit in addition to workers’ compensation coverage. Negligent parties in your case may include:
- Property owners or occupiers
- Contractors or subcontractors, in some situations
- Other workers on the same job site who are not in your company
- Manufacturers of defective products
- Vendors who provide products or visit your job site
While the types of damages you can recover depend on your situation, examples include:
- Medical bills
- Lost income, tips, bonuses, and commissions
- Pain and suffering
- Disability and disfigurement
- Loss of enjoyment of life
- Mental anguish
- Property damage costs (if your vehicle was damaged in a collision)
- Funeral expenses
Different rules apply to workers’ compensation cases and injury cases. Your lawyer will explain how your situation affects your ability to seek fair compensation.
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We will Fight Your Charleston Workers’ Compensation Claim Denial
If your employer or its insurer denies your workers’ compensation claim, we’re ready to step in and fight for the full benefits you need and deserve. We will guide you through the process while you focus on your physical recovery.
Depending on your work-related injury or disability, we know how to get benefits paid—even when they’re originally denied. Here’s how we can help:
We Can Plead Your Case to the Workers’ Compensation Commission
After the Commission hears your case, we will appear before them in a special hearing where you may receive approval for benefits.
Even if the Commission refuses your workers’ compensation benefits during this step in the process, all hope is not lost. We can continue to fight for the benefits you deserve through an:
- Appeal to the full Workers’ Compensation Commission
- Appeal to the South Carolina Court of Appeals
- Appeal to the South Carolina Supreme Court
A claim denial isn’t the end of your fight for benefits. Our team is ready to use its knowledge, experience, and skills to recover what you need.
We Can File a Form 50 to Appeal the Denial
We will file a Form 50 on your behalf, outlining your accident and the resulting injuries. If possible, we’ll negotiate a settlement with the insurer. This may be a lengthy process, but we can help you understand what to expect every step of the way.
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Why Would My Workers’ Compensation Claim be Denied?
Even a small factual error could result in your claim’s denial. If this is the case, we could review your submitted paperwork for completion and accuracy. We can address the error and get your claim back on track.
However, these reasons could also prompt a denial:
Allegations that You Were Intoxicated
If your employer or the insurance company suspects you were intoxicated at the job site, then suffered an injury, it might use this information against you. We can interview witnesses, review camera footage, and read the accident report to fight against this allegation.
Allegations that You Were Not Injured at Work
You must prove that you suffered a job-related injury. Supporting evidence in your case could include your medical records, job schedule, and testimony from your co-workers.
Allegations that Your Accident was Caused by “Horseplay”
If you were engaging in careless or reckless behavior (like improperly using equipment), and you got hurt, this could result in your claim’s denial. You must prove that your accident happened while you were performing duties within your job’s scope.
Discuss Your Case with Our Charleston Workers’ Compensation Team
George Sink, P.A. Injury Lawyers is ready to explain your rights under South Carolina law, file a workers’ compensation claim, appeal a denial, and perform other necessary legal services. Work injuries and workers’ compensation claims happen fairly often; you are not alone in your struggle for benefits.
Our team can also explore whether you qualify to file an injury claim or lawsuit against a third party. Our lawyers will review your case for free, and we can meet you at the hospital or your home, if necessary. Begin your free case review with our firm by dialing (843) 628-0100.
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