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Reasons to Hire a Workers’ Compensation Lawyer in SC

Reasons to Hire a Workers’ Compensation Lawyer in SC
Axelrod & Associates, P.A.

What are reasons to hire a workers’ comp attorney in SC? Do you need a workers’ compensation lawyer to get your claim approved?

Workers’ compensation coverage should be automatic if you are injured on the job and if your workplace has more than four employees, even if the accident is your fault. So, why would you need an attorney?

In this article, we will look at reasons you may need to hire a workers’ compensation attorney and reasons why you may not need an attorney, including:

  • When a workers’ comp lawyer can help you get your benefits approved,
  • When your attorney can help you maximize your benefits, and
  • The difference between simple claims and more complex claims where the insurance company is more likely to fight you and deny or limit your benefits.

When Can a Workers’ Compensation Attorney Help Me?

What’s the main reason you may need to hire a workers’ compensation lawyer?

Insurance companies will always deny or limit your claim if they can. They are not in business to pay claims – they are in business to make money.

As with every type of insurance, they make money from workers’ compensation by taking in premiums from your employer and paying out nothing or the lowest amount they can get away with…

Simple Workers’ Compensation Claims

When your workers’ comp claim is relatively simple, and your medical bills are low, there is a good chance the insurance company will pay your claim.

Remember why the insurance company is in business – everything is a profit/loss calculation. For example, if it will cost the insurance company more to dispute a simple, straightforward claim than it would to pay it, there’s a good chance they will just pay it.

In most cases where your injury is work-related, your employer does not dispute your claim, and the cost of paying your benefits is low, you won’t need an attorney to help you get paid.

Complicated Workers’ Comp Claims

When legal questions complicate your workers’ comp claim – or when it will cost the insurance company more to pay your benefits – there are more reasons to hire a workers’ comp attorney, and you are more likely to need a workers’ comp lawyer to help you get paid.

When the insurance company is looking at a bigger financial loss, they are more likely to find legal issues to complicate your case – anything to deny your claim or to limit the cost to the insurance company, like:

  • Claims that your injury was not “on-the-clock” or was not work-related,
  • Claims that you are faking or exaggerating your injury,
  • Situations where your employer retaliates against you for filing a claim,
  • The insurance company seeking a second opinion to dispute the extent of your disability or the need for long-term care,
  • Claims that you made misrepresentations when you were hired for the job,
  • Claims that you are refusing medical care or not cooperating with the insurance company,
  • Claims that you had a preexisting medical condition that you did not disclose,
  • Claims that you are not eligible for workers’ compensation because you are an independent contractor, casual employee, or other excluded class of worker, or
  • Claims that you are already receiving government benefits; therefore, the workers’ compensation insurance company should pay less or no benefits.

In some cases, the insurance company will outright deny your claim, forcing you to request a formal hearing with the Workers’ Compensation Commission. In other cases, the insurance company will offer you a settlement that doesn’t cover your medical expenses or need for future medical care, in the hopes that you will give up and take what they are giving.

Reasons to Hire a Worker’s Compensation Lawyer

When they deny or severely limit your claim, the insurance company will also hire attorneys to try and ensure that you do not get paid or that your settlement is as low as possible.

They will hire insurance defense lawyers who are trained to prevent you from getting paid and have extensive experience denying, devaluing, and litigating workers’ compensation claims on behalf of the insurance companies.

This is the main reason to hire a workers’ compensation lawyer – you are probably not trained in the law and courtroom procedure, and you probably don’t have extensive experience negotiating with insurance defense lawyers and arguing the nuances of workers’ compensation law…

Your workers’ comp attorney can help you by:

  • Investigating your on-the-job accident and determining whether you are eligible for workers’ compensation benefits,
  • Gathering the medical evidence that will be needed to prove your claim,
  • Helping you to retain the right medical experts as needed,
  • Identifying and researching any legal issues that will arise in your case,
  • Filing your claim and requesting a formal hearing when necessary,
  • Ensuring that you do not miss critical deadlines or filing requirements,
  • Negotiating with the insurance company to get your benefits approved,
  • Ensuring that your settlement includes all forms of compensation that you are entitled to receive including current and future medical expenses, lost wages, loss of earning potential, long-term care, and rehabilitation when needed,
  • Arranging for an independent medical examination when appropriate,
  • Ensuring that your disability rating and impairment rating are correct,
  • Presenting your case to the Workers’ Compensation Commission,
  • Filing any necessary appeals to the Full Commission or the appellate courts, and
  • Filing any third-party lawsuits for damages against negligent parties other than your employer.

Got Axelrod?

If you have been injured at work and believe you are entitled to workers’ compensation benefits, your SC workers’ compensation attorney can help you to file your claim, negotiate with the insurance company, present your medical evidence, and file any necessary appeals.

Call now and schedule a free consultation with a Myrtle Beach worker’s compensation lawyer on the Axelrod team. Call us at 843-258-4079 or fill out our contact form today.

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