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Give Us A Call »Pursuing Justice for Myrtle Beach, SC Work Accident Victims
If you’ve experienced a workplace injury, you’ll need help to navigate the complexities of workers’ compensation benefits. These benefits provide financial assistance for medical expenses, compensation for time away from work, and coverage for various injury-related costs. However, securing these benefits can often be a challenge for injured workers.
If you are not receiving the benefits you’re entitled to or have faced denial, it’s time to connect with a dedicated Myrtle Beach workers’ compensation attorney from George Sink, P.A. Injury Lawyers. Our team is committed to ensuring you receive the compensation you deserve. We specialize in filing workers’ compensation claims and advocating for your rights to obtain the necessary benefits.
We proudly serve clients in Myrtle Beach and have a proven track record of successfully helping injured workers get the benefits they deserve. The initial consultation is complimentary, and our commitment to you is simple – you only pay us a fee when we recover money on your behalf. Call our attorneys at (843)-779-1777 or request a free consultation.
Myrtle Beach Workers’ Compensation Lawyer Near Me843-779-1777
Getting Your Life Back After a Work Injury
In the event of a workplace injury, you must take prompt action to ensure you are protected. Begin by reporting the incident to your employer immediately. If facing a severe injury requiring emergency care, prioritize seeking medical attention and promptly inform your employer. Despite your employer’s responsibility to commence the claims process, they may fail to file or deny the accident. Should this happen, consider seeking legal aid to ensure you receive the benefits you deserve.
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843-779-1777When To Hire a Workers’ Comp Attorney?
Consider hiring a South Carolina workers’ compensation attorney if your employer denies your claim, rejects your benefits, or offers insufficient settlements. Legal intervention is crucial when medical issues affect your job or if you’re pursuing Social Security disability benefits. Retaliation from your employer or pushback from insurers also warrants legal support. Immediately contacting an attorney is essential, ideally right after your injury. Most lawyers don’t charge upfront fees but will help ensure you get properly treated and secure the benefits you deserve.
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Give Us A Call »Are You Eligible for Worker’s Compensation in Myrtle Beach, SC?
In Myrtle Beach, SC, eligibility for workers’ compensation is extended to employees working for businesses with four or more regular employees, including part-time workers and family members. However, exemptions apply to casual employees, companies with fewer than four employees, or those with an annual payroll below $3,000. Agricultural employees, state and county fair associations, railroad workers, federal employees, owner-operator drivers, and specific commission-paid real estate agents meeting threshold requirements are exempt.
You should qualify for workers’ compensation benefits by demonstrating that your work-related injury or illness occurred on the job and wasn’t self-inflicted. South Carolina law mandates employers with at least four employees to provide workers’ compensation insurance. However, exceptions such as casual employees, those with minimal payroll, agricultural workers, and certain professionals are recognized. Understanding these criteria is vital to ensuring you receive the compensation you deserve if you’ve suffered a workplace injury in Myrtle Beach.
What Workers’ Compensation Benefits Can You Receive?
In the aftermath of a workplace injury in South Carolina, you may qualify for various benefits under the state’s Workers’ Compensation Act. These include medical benefits covering treatment and related expenses, compensation for lost wages during recovery, and permanent disability benefits.
Unfortunately, damages for pain and suffering are not included in workers’ comp benefits. In specific cases, additional compensation might be available by holding a third party accountable for the injury. Medical treatment, provided by an employer-selected doctor, is granted until reaching maximum medical improvement, and financial compensation, typically 2/3 of average weekly wages, is available during recovery. The duration of benefits depends on the disability designation determined by medical reports. Understanding your entitlements and exploring potential avenues for additional compensation after a workplace injury is essential.
Does Workers’ Comp Pay Full Salary in Myrtle Beach, SC?
In Myrtle Beach, SC, workers’ compensation does not cover your entire salary in the event of an on-the-job injury or illness. The South Carolina Workers’ Compensation Commission outlines that, as a general rule, you are entitled to 66.67% of your average weekly salary. However, the South Carolina Department of Employment and Workforce (DEW) sets an annual maximum amount for weekly benefits.
Your compensation may be less than 66.67% of your weekly salary if it exceeds the DEW-established limit. Additionally, the average weekly wage from all your jobs may factor into the calculation if you hold more than one job. Consult with your attorney to understand the specifics of your case if you rely on workers’ compensation to make ends meet during recovery.
Can You Be Fired While on Workers’ Comp or for Filing Workers’ Comp?
In South Carolina, it is illegal for an employer to terminate an employee for filing a workers’ compensation claim. The state’s laws explicitly protect workers from retaliatory termination, emphasizing the importance of workplace safety. This protection extends to injured employees who may be hesitant to file claims, ensuring they can seek the compensation they deserve without fear of job loss.
While on workers’ compensation, your supervisor cannot fire you. If they do terminate your employment due to physical inability to perform the job, they must provide weekly compensation checks. This financial support, known as temporary total disability (TTD) payments, amounts to 2/3 of the pre-tax earnings and continues until the employee reaches “maximum medical improvement” as determined by a doctor. Workers must be aware of their rights, assert them, and seek legal representation to secure their rightful workers’ compensation benefits.
What Evidence Should You Gather for a Workers’ Comp Claim?
When pursuing a workers’ compensation claim, collecting physical evidence is crucial. Retain copies of your medical records post-accident, and keep a documented copy if you notify your employer in writing. Hiring a skilled workers’ compensation attorney, like those at George Sink, P.A. Injury Lawyers, proves invaluable. They bring extensive experience navigating workers’ compensation hearings, aiding in evidence gathering, form filing, and case presentation.
You and the insurance carrier will submit documentation for the claim for the judge’s assessment. Essential evidence includes medical records, outstanding medical bills, pay stubs as proof of lost wages, employment records, and witness depositions, including those of attending doctors. Your attorney will meticulously review your medical files, ensure you possess the necessary evidence, and orchestrate witness depositions to assemble a compelling case before the commission.
How to Apply For Workers’ Compensation?
Applying for workers’ compensation in South Carolina is essential if your employer fails to report the accident, the insurance company denies your claim, or you believe you haven’t received full benefits. A qualified workers’ comp lawyer can expertly guide you through the process.
To file a claim independently, complete and submit Form 50 for work-related injuries or Form 52 for work-related deaths to the South Carolina Workers’ Compensation Commission (SCWCC). Indicate your desire for a hearing on the form, and a commissioner will determine the case outcome at the hearing. In case of dissatisfaction, a panel of Commissioners can file an appeal for review. It’s crucial to carefully review your claim since any errors in paperwork may jeopardize your claim.
Seeking legal counsel is a great option if your employer fails to report the injury. Consulting with an experienced workers’ comp attorney ensures clarity in navigating the complex claims process and increases the likelihood of a favorable outcome.
Why Would a Workers’ Comp Claim Be Denied and What Do You Do?
Workers’ compensation claims in South Carolina can be denied for various reasons, with over 10% of injured employees facing rejection. Common grounds for denial include:
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If your claim is denied, you’ll receive a detailed explanation and information on the appeal process. The workers’ comp appeals process is complex, with strict deadlines and varying legal procedures at each stage. While legal representation is not obligatory, having an experienced attorney significantly enhances your chances of a successful appeal.
At George Sink, P.A. Injury Lawyers, our South Carolina workers’ comp attorneys provide a no-charge consultation and work on a contingency basis, ensuring you only pay if you receive benefits. If your worker’s comp claim was denied, let us review it and discuss your rights for a potential appeal.
How Long Do You Have To Report an Injury at Work in Myrtle Beach, SC?
Reporting a workplace injury quickly is crucial to secure workers’ compensation benefits. According to the South Carolina Workers’ Compensation Commission, you must inform your employer immediately, preferably within 90 days of the incident, or risk losing eligibility for benefits. Notify a supervisor, manager, or on-site nurse to ensure your report is valid. Seek evaluation and treatment from the employer’s recommended medical professional.
In case of a severe injury requiring emergency care, prioritize seeking help and inform your employer immediately. Additionally, filing a claim with the Commission within two years of the accident is essential to protect your right to compensation. Use Form 50 for workplace injuries or Form 52 for workplace deaths, available for download on the Commission’s website. Remember, timely reporting is crucial, and any delay might jeopardize your right to compensation.
Why Would a Workers’ Comp Claim Be Denied and What Do You Do?
More than 10% of workers’ compensation claims in South Carolina face denial for several common reasons:
- Missed Deadlines: Failure to adhere to notification and filing deadlines.
- Off-the-Job Injuries: Injuries not occurring in the workplace.
- Misclassification: Incorrect categorization of employment status.
- Improper Behavior: Actions that violate workers’ compensation regulations.
- Pre-existing Conditions: Employer disputing the claim due to a pre-existing medical condition.
- Inadequate Proof of Injury: Insufficient evidence supporting the severity of the injury.
If your claim is denied, the workers’ comp appeals process allows disputes to be heard by an independent commissioner. The process is complex, with strict deadlines and varying legal procedures. While legal representation is not obligatory, having an experienced attorney significantly increases your chances of a successful appeal.
Our workers’ comp attorneys offer a no-charge consultation and only charge if you receive benefits, providing comprehensive support in the appeals process. Don’t accept denial as the final word; seek professional assistance to review your claim and explore your rights for a potential appeal.
How Long Do You Have To Report an Injury at Work in Myrtle Beach, SC?
It’s important to report workplace injuries as soon as possible to secure workers’ compensation benefits. According to the South Carolina Workers’ Compensation Commission, you must report all injuries to your employer immediately. Notify a supervisor, manager, or on-site nurse within 90 days of the accident to qualify for benefits.
Seeking medical evaluation and treatment from the employer’s recommended professional is essential. If the injury is severe and requires emergency care, prioritize finding help and inform your employer as soon as possible. Timely reporting ensures that you receive the benefits you deserve and protects your rights in the workers’ compensation process.
How Long Does an Average Workers’ Comp Settlement Take?
The time it takes to settle a workers’ compensation case in South Carolina varies. The process includes different steps like mediation and formal hearings, and it can take three to four months for a hearing if an agreement isn’t reached. If there are multiple appeals, it might take a year or more to finish everything. Injured workers can help speed things up by reporting their injuries quickly, organizing important documents, and talking to a knowledgeable South Carolina attorney. Settlements can happen in less than 6 months or take up to 2 years, depending on negotiations between the person and the insurance company.
What To Do if Your Workers’ Comp Check Is Late or Not Coming In?
If your workers’ comp check is late, the State Accident Fund requires ten business days before reissuing a TTD check. While delays can happen, consult a South Carolina workers’ comp attorney if several weeks pass without your benefits. An attorney can investigate the delay and assist with claim-related matters, such as gathering evidence and filing appeals if your claim is denied.
What if You Can’t Return to Your Job After an Injury?
In South Carolina, at-will employees can be terminated while off with a work-related injury for various reasons, such as job necessity, inability to meet standards after impairment, workplace modifications’ cost, policy violations, excessive absenteeism, or substance use. If termination is suspected to be in retaliation for filing a claim, contacting a workers’ comp attorney is essential for potential wrongful termination grounds. Workers’ comp benefits and unemployment insurance are typically exclusive, but a permanent partial disability (PPD) scenario may allow simultaneous collection. Consulting a workers’ comp attorney is advisable to navigate the complexities of such situations effectively.
What Are Common Workplace Injuries in Myrtle Beach, SC?
Common workplace injuries where you can qualify for worker’s compensation include:
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What Is the Average Workers’ Comp Settlement in Myrtle Beach, SC?
In Myrtle Beach, SC, the average workers’ compensation settlement varies based on individual cases. The maximum weekly compensation rate, set at $1,035.78 as of January 1, 2023, is determined by the South Carolina Department of Employment and Workforce. Actual settlements can be significant, with examples such as $675,000 for a pedestrian job-related injury and a $6 million verdict for a construction site work truck accident. These settlements reflect the diverse nature of workplace injuries, ranging from falls to vehicle or machinery accidents. Individual compensation amounts depend on factors like the severity of injuries, medical expenses, and the impact on the individual’s ability to work.
What Should I Watch Out for When Dealing With the Workers’ Comp Adjuster?
Review the following things to watch out for when hiring a worker’s compensation adjuster:
- Recorded Statements: Be cautious if they request a recorded statement; stick to facts, stay on topic, and avoid speculation.
- Speculation or Opinions: Avoid providing guesses or opinions; focus on factual information.
- Blanket Medical Releases: Beware of excessive medical record requests; ensure they’re relevant and not probing for pre-existing conditions.
- Independent Medical Exam (IME): Be mindful if they schedule an IME; understand your rights during the process.
- Mandatory Company Doctors: Watch out if they insist on treatment from a specific doctor; know your rights to choose your medical provider.
- Blaming Pre-Existing Conditions: Be wary of attempts to blame injuries on pre-existing conditions.
- Quick, Lowball Settlements: Exercise caution with fast, low settlement offers; consult with an attorney to evaluate fair compensation.
- Communication Issues: Take note if they refuse to answer questions or return calls; ensure transparent communication.
- Threats or High-Pressure Tactics: Report any use of threats or high-pressure tactics; seek legal advice if necessary.
- Discouraging Legal Representation: Be cautious if they discourage hiring an attorney; know your right to legal representation.
Can You Work While on Workers’ Compensation in Myrtle Beach?
While on workers’ compensation in Myrtle Beach, you can work, including taking on a second job. Light-duty workers’ compensation is designed for those who can return to work but still qualify for benefits. This might involve modified job requirements, reduced hours, and lower pay. Though the payment is less, you’ll receive a portion of the difference. If you plan to work a second job, notify your previous employer and the South Carolina Workers’ Compensation Commission beforehand to avoid complications. Failure to do so may be considered workers’ comp fraud. Consult a workers’ comp attorney to navigate changes without jeopardizing your entitled benefits.
Will You Have To Undergo an Independent Medical Examination for Workers Compensation?
In South Carolina, if you receive workers’ compensation benefits, your employer or insurer may request an independent medical examination (IME). While it sounds impartial, it’s essential to note that your employer or insurer hires the IME doctor.
The IME evaluates your injury and recovery progress. It’s crucial to consult a South Carolina workers’ compensation attorney early, as an unfavorable IME opinion could impact your claim. The attorney can safeguard your rights and guide you in navigating the IME to protect your entitled benefits.
Will You Be Followed by a Workers’ Comp Investigator in Myrtle Beach, SC?
In Myrtle Beach, SC, workers’ comp investigators may monitor injured workers, especially in serious injury cases where insurance companies have more at stake. Private investigators seek evidence of fraud through photos, videos, documents, and social media. They may look for signs that you’re not as injured as claimed, engaging in non-job-related activities, working for pay while receiving disability benefits, misrepresenting income, or seeking repayment for medical costs not paid out of pocket. If facing an investigation, consult an experienced South Carolina workers’ compensation attorney to navigate the process and protect your claim.
Our Worker’s Comp Attorneys Are Ready To Serve Your Case in Myrtle Beach, SC
At George Sink, P.A. Injury Lawyers, our seasoned Myrtle Beach workers’ compensation attorneys are ready to serve your case. With a track record of over 50,000 cases, we possess the expertise to prepare and secure the maximum compensation for our clients diligently. We proudly serve clients in Myrtle Beach, North Myrtle Beach, and surrounding areas. Contact us for a complimentary case review today.
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