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Spartanburg Workers Compensation Attorneys
South Carolina Workers Compensation law is a system of state-mandated insurance programs that provides for medical care and financial benefits to injured workers who are injured on the job while performing services for their employer at a time and place designated by the employer. These benefits even apply to injured workers who are injured as a result of their own negligence or fault.
These laws also provide benefits for dependents of those workers who are killed because of work-related accidents or illnesses. Generally, employers who employ 4 or more employees in the state of South Carolina must provide workers compensation coverage for injured employees.
South Carolina Workers Comp Laws
Under South Carolina law, workers compensation is determined by your average weekly wage. The four quarters right before your injury are taken into consideration. If you received a raise during that time, for example, the amount you receive will be based on the number of weeks at your current wage and the number of weeks at your past wage, to get an average. The actual rate of compensation is 66 2/3 percent of that average weekly wage.
However, it is important to understand that there is a maximum average weekly wage that the South Carolina Department of Employment and Workforce determines. Even if your actual wage is more than that, you will only receive a percentage of the maximum wage. If you’re working more than one job at the time you have your accident, you can have the wages from all of your jobs compiled and averaged for your weekly rate and compensation rates. This will still need to fall under the maximum wage.
How Cummings & Lewis Can Help
If you have been injured in an accident on the job, a workers comp lawyer can help you navigate the process of filing a claim. That is because there are a few different ways in which the help of an attorney can be beneficial. Many people make a claim for workers comp, only to have it denied. When facing that situation it can help to have an attorney to address that denial. By choosing a workers compensation lawyer, you create an opportunity for a more successful outcome to your claim.
Another common concern is that the medical costs associated with your injuries will not be fully covered. An attorney can also be helpful in making sure that all medical bills that are causally related to your claim are fully paid by the insurance carrier. Additionally, having a lawyer on your side provides you with legal representation to work toward an additional level of compensation. Some specific ways an attorney can help you maximize the value of your claim include:
- Gathering important documentation
- Reviewing case facts
- Filing the right paperwork on time
- Getting your case ready for an appeal
- Making sure your application is complete
- Looking into whether you may have a personal injury case in addition to your Workers’ Compensation case
You have rights under the law, and you do not have to handle your at-work injury alone. Reach out today, to the workers compensation lawyer Spartanburg SC residents trust, and get the help and support you need for your workers compensation claim.
Experienced Workers Comp Lawyer in Spartanburg, SC
If you are injured at work, it is important that you notify your supervisor immediately. Under South Carolina law, it is your employer’s responsibility to provide you with medical treatment. As an injured worker, you should ask your employer where they would like you to be treated. When you are treated, make sure you tell the doctor that you were injured on the job, give the doctor a complete list of the body parts affected, and explain how you were injured.
These are just a few of the initial issues that injured workers must navigate when injured on the job. Though these steps appear simple, the process of getting proper compensation is often not. With over 40 years of combined experience, the attorneys at Cummings & Lewis, LLC are experienced in handling Workers’ Compensation cases and the intricate issues that these cases present. Remember, we don’t get paid unless you get paid.
Schedule your free consultation with our professional workers compensation lawyer here.
Workers Comp FAQ
If you’re dealing with a worker’s compensation claim, or you’re considering making one and unsure if you have a case to bring to a workers’ compensation attorney, you probably have many questions. Here are a few of the most common FAQs when it comes to addressing workers’ compensation.
What types of injuries can be eligible for a workers compensation claim?
There are a number of injuries that can be part of a workers’ compensation claim. Generally, when an injury occurs on the job, as part of your normal duties, it qualifies. But there are also some exceptions. Not all employers are required to have workers’ comp insurance, and some types of injuries aren’t going to be covered. However, you can generally expect to be covered for problems such as:
- Carpal tunnel
- Exposure to toxic substances
- Back strains & knee injuries
- Head trauma
- Emotional trauma from harassment
- Automobile accidents occurring during working hours
Do all South Carolina employers offer workers compensation insurance?
Most South Carolina employees offer workers’ compensation insurance, but that’s not true of all of them. There are exceptions, including:
- Some railroad employees
- Some agricultural employees
- Businesses with yearly payrolls under $3,000
- Businesses with no more than three employees.
The best way to ensure that your employer offers this insurance, is to ask about it. But unless you fall into one of the above categories, your employer most likely has this coverage.
What type of compensation should I expect to receive for my case?
Every workers’ compensation case is different. If you have a minor injury, you can expect the compensation for your case to be lower than someone who sustained a more severe injury. But the only way to find out for sure what your case may actually be worth is to reach out to a workers compensation lawyer who can evaluate the facts of your case and give you the answers and information you’re looking for.
What evidence do I need to have on-hand for my workers compensation attorney?
When you make an appointment with a workers compensation lawyer, you’ll want to bring proof of the injury, any correspondence about that injury from your employer or their insurance company, and your medical records. Make sure you see a doctor, and follow their orders and recommendations, so you have a stronger chance of fair and just compensation for your claim. A workers compensation attorney is there to help you, and when you provide more information that help can be easier to provide.