No, all workers’ compensation cases do not end in a settlement. Settlements are acquired when there is a dispute between two parties—often the person who filed the claim and an insurance company. When someone is injured on the job, they must file a claim via the proper channels and wait for an approval or denial of benefits.
If their claim is approved, then they will receive benefits to pay any expenses related to the accident which injured them. Conversely, if they receive a denial from their employer’s insurance company, they can fight for a fair decision in their case via a settlement (which they can do with or without the help of a lawyer).
What You Need to Know About Filing a Workers’ Compensation Claim
It is best to report injuries at work to your employer immediately. Neglecting to report the work-related injury within 90 days of the accident may end up in a forfeiture of benefits. To apply for benefits, you need to file either a Form 50 or Form 52 within two years of your accident, as the South Carolina Workers’ Compensation Commission explains.
Parents and dependents of workers who are killed in an on-the-job accident also must file within this period to collect benefits.
Workers’ compensation benefits will cover all medical expenses that your accident caused, including:
- Mobility aids
- Emergency treatment
- Physical therapy
It will also cover some of your lost wages during your recovery. These are calculated by assessing the “average weekly wage based on the four quarters prior to your injury,” according to the S.C. Workers’ Compensation Commission. Be sure to set up an appointment with a doctor approved by your employer or your employer’s insurance company.
The Kinds of Work-Related Injuries You May Be Facing
Landscapers, truck drivers, construction workers, roofers, pilots, and loggers are among the most at-risk workers in America’s most dangerous jobs. However, any worker in any field can become injured. If you suffered an injury while doing your job, you may have suffered any of the following:
- Broken bones
- Sprains or strains
- Repetitive stress injury
- Back injury
- Traumatic brain injury (TBI)
Regardless of the severity of your injury, you should not have to pay for the results of an accident that was not your fault. You may be eligible for workers’ compensation benefits. Your injury may have been a result of:
- Wrongful practices or lack of regulation in your workplace
- Third-party negligence
- An accident which no one could have predicted
- A defective vehicle, tool, or device
How a Workers’ Compensation Attorney Can Help You
A lawyer can stand by your side as you fight for benefits or a settlement. If you were injured at work and your employer either did not report your accident or misrepresented your injuries, you can file a workers’ compensation claim. You can also do so if you think you did not receive enough benefits.
Additionally, if your injury results in permanent disability and potential benefits would not be enough to support you and your family—or you have a preexisting condition that complicates your injury and recovery, you can request a hearing where you can make your case for more benefits. Your workers’ compensation lawyer will:
- Look at reports and documents
- Help you gather all medical information, photos and videos of your accident and related injuries
- Speak to eyewitnesses who were present when you were injured
- Represent you at a hearing
- Negotiate with your employer and your employer’s insurance company
- Explain the settlement process in workers’ compensation cases
Contact the Office of a Work Injury Lawyer for More Information Today
We want to represent injured employees who are struggling to secure compensation benefits. Whether you’ve suffered bruising and lacerations, or a traumatic brain injury or a lost limb, we can bring you peace of mind. You do not have to go through this fight alone.
Call us or fill out our online form to speak to a representative from George Sink, P.A. Injury Lawyers. We offer free consultations to all potential clients. You have nothing to lose when you call us, as we do not get paid until we win your case and you secure benefits or a settlement.
There are some types of workers who are ineligible to file workers’ compensation claims. We can discuss your options with you and inform you if you are among the group that may secure damages via a lawsuit after a work injury.