Conway Workers’ Compensation Lawyer

Conway Workers’ Compensation Attorney

Going to work should be a safe way to earn money for your family. Unfortunately, workplace accidents can jeopardize your health and safety. They may even lead to permanent complications.

The workers’ compensation system allows employees to seek financial and medical support if there is an accident or injury in the workplace. This wide-reaching system protects many workers in South Carolina. Therefore, it is important that all employees understand their rights under state and federal laws. Doing so may help you navigate a situation that would otherwise be complicated or frustrating.

If you are facing a workers’ compensation claim, it is important to find an attorney who can represent you throughout the process. The workers’ comp lawyers at Axelrod & Associates, P.A., are qualified and eager to represent you during this time.

Axelrod & Associates, P.A.: Conway Workers’ Compensation Lawyers

With over 100 years of combined experience in a variety of legal fields, our team at Axelrod & Associates, P.A., offers reliable workers’ compensation legal services to the employees of Conway. After an accident or injury in the workplace, the employees in our community turn to us for legal help. They know that we are well equipped to help them through the workers’ comp process. Our Conway workers’ compensation lawyers do not rest until you receive what you deserve.

Although we are persistent in our pursuit of justice, we understand that injuries often put our clients in a vulnerable position. Because of this, we approach every workers’ comp case with empathy, patience, and extra care. Your story is important to us. We aim to create a welcoming atmosphere in which you feel comfortable sharing what happened to you.

If you or a loved one is searching for a workers’ comp attorney in the Conway area, look no further than the exemplary team at Axelrod & Associates, P.A.

What Is Workers’ Compensation?

Although many human resources departments inform employees of their workers’ compensation policies, it is easy to forget the details of the program when you are not using it. If you get injured at work, it is imperative that you understand the system in which you will be working to resolve your issue.

Workers’ compensation is a type of insurance policy that employers purchase for the workplace. These policies are meant to cover accidents and injuries that happen to employees while at work.

If an employer has workplace compensation insurance for their business, their employees may not file a personal injury claim or sue their employer for the accident. As such, the workers’ compensation system protects employers from having to pay expensive medical bills and damages. It also helps them avoid costly litigation.

Workers’ compensation protects employees by ensuring that they do not have to pay for a workplace injury out of their own pocket. An employee may not file a personal injury claim against their employer. However, they should have comprehensive financial and medical protection through their employer’s workers’ compensation insurance.

Mandatory Workers’ Compensation Insurance

The state of South Carolina requires that most employers who have four or more employees obtain workers’ compensation insurance for their company. As a result, most major businesses have workers’ compensation insurance for their employees to use. There is a high likelihood that your workplace also has coverage.

There are exemptions to the state workers’ compensation requirement. Certain contract businesses do not need workers’ compensation coverage, though being a contracted employee does not necessarily exempt you from workers’ comp benefits. The laws and requirements associated with workers’ compensation insurance are highly specific. This means that, without specific information, it is difficult to say whether your employer is required to have insurance under South Carolina law.

Our workers’ compensation lawyers can help you determine whether your workplace is required to have workers’ compensation insurance. We can also show you how to access it if you are eligible.

What Does Workers’ Compensation Insurance Cover?

If your workplace does have workers’ compensation insurance, the policy should cover several aspects of your workplace injury. Coverage areas include:

• Medical bills associated with the accident
• Compensation for time spent away from work to heal, rest, or attend doctor’s appointments
• Permanent degrees of injury, if applicable
• Prescription drugs that were prescribed for the injury

Employees may also be eligible for disability payments or other support through workers’ compensation. To qualify, they must suffer a severe or permanent injury that impedes their ability to:

• Do their job.
• Find gainful employment.
• Participate in their normal lifestyle.

An attorney from Axelrod & Associates, P.A., can help you calculate the approximate settlement or support that you should receive from workers’ compensation insurance.

No-Fault Workers’ Compensation Laws

Unlike some other types of insurance, workers’ compensation is not a fault-based system. In other words, you may still collect workers’ compensation insurance if you caused the injury through negligence, mistake, or error. It is not necessary for another employee or individual to have caused the injury for you to get compensation. In fact, there are only a few scenarios that disqualify an employee from receiving workers’ compensation benefits.

An employee may be ineligible for workers’ compensation if:

• Their own fighting or roughhousing caused the accident or injury.
• They were under the influence of drugs or alcohol at the time of the accident or injury.
• They manufactured the accident or injury on purpose to collect insurance money.
• They try to file a fraudulent workers’ compensation claim.
• They sustained the injury outside of work.

In most other situations, an injured employee should be permitted to file a claim and receive workers’ compensation insurance.

You do not need to be directly performing your job duties to be eligible for workers’ compensation. If you are behaving within the realm of standard workplace etiquette, you will likely be eligible for workers’ compensation coverage.

For example, if you sustain an injury while walking to the water fountain, you are still eligible for workers’ compensation. This is because getting water is a normal, acceptable action to take during the workday, even though it is likely not outlined in your job description.

Workers’ Compensation Benefits and Insurance Companies

It is important to note that your employer is not responsible for approving or denying your claim. In fact, they should not affect the claims process at all. The insurance company alone is responsible for determining whether your claim is valid.

Unfortunately, insurance companies prioritize their own profits over customer satisfaction and support. As such, adjusters will do everything in their power to keep the company from accepting liability for the claim. They often attempt to blame employees or attempt to get an injured worker to admit fault, even if they were not responsible for the accident.

Insurance companies use a variety of tactics to attempt to avoid paying for an accident. They may:

• Pressure an employee to make a statement before they have talked to their attorney.
• Ask leading questions to inspire the employee to admit fault.
• Leave harassing messages to intimidate an employee.
• Have a private investigator follow an injured employee to make sure that their daily activities are consistent with their injury.
• Require drug and alcohol testing, even if it would not conclude that the employee was under the influence at the time of the injury.

There are just a few examples of how an insurance company may try to avoid fault. Many workers who admit fault, or absolve the insurance company of their responsibility, do so inadvertently or without knowing that they have done it.

Speaking directly to insurance companies can be dangerous for your claim. It is much safer to hire a workers’ compensation attorney. They can handle all insurance company interactions on your behalf.

Why Do I Need a Conway Workers’ Compensation Lawyer?

There is a lot at stake in a workers’ compensation claim. Depending on your injury and the circumstances of the accident, you may receive a significant amount of support from workers’ compensation insurance. Few families can afford the sudden cost of medical bills in addition to time away from work to heal. Prescription drugs and other expenses easily add up, creating an undue financial burden.

With such a significant amount of your family’s financial situation at stake, it is important to make every effort to protect your claim. When you have legal representation, you can allow your lawyer to speak with insurance companies on your behalf.

Our attorneys have many years of experience in this field. Therefore, we know how to identify and evade predatory insurance company tactics. When we answer questions on your behalf, we satisfy the insurance company’s request for information while protecting your claim.

It is also important to note that filing a workers’ compensation insurance claim may be complicated. There are specific forms to fill out and deadlines to meet. Following these procedures is necessary to get the settlement that you deserve from the insurance company.

Working with an attorney offers a higher likelihood of correctly executing the claims process. It may also allow you to receive financial support sooner than you would if you navigated the process alone. Some individuals who work with an attorney receive higher settlements than they would have alone. An attorney can alert you to additional costs that the insurance company should cover.

An attorney is not required to make a workers’ compensation claim. However, it is to your benefit to seek legal representation after a workplace accident.

Common Workplace Injuries

Although some injuries are obvious, others are subtle or occur because of repetitive motions over time. It is a good idea to be aware of common workplace injuries so that you can watch for symptoms. There may be additional injuries that are specific to your industry.

Common general workplace injuries include:

• Burns, including chemical burns
• Exposure to toxic materials, including asbestos
• Eye injuries
• Ear injuries and hearing loss
• Repetitive motion injuries such as carpal tunnel
• Traumatic brain injuries (TBIs), including concussions
• Back and neck problems

There are many more injuries that an employee can sustain in the workplace. Your employer should post OSHA regulations and provide protective equipment that is specific to your industry and job description. If your workplace does not supply basic safety equipment, speak with an attorney right away.

Personal Injury Claims and Workers’ Compensation

According to South Carolina law, an employee cannot file a personal injury claim against their employer for a workplace accident if they provide workers’ compensation insurance. However, this does not mean that personal injury claims are impossible. If a third party other than a coworker or employer played a role in the accident, you could file a personal injury claim against that person.

For example, your employer’s contracted janitorial company creates a hazard that leads to an injury. You may be able to file a personal injury claim against the third-party janitorial company. Doing so may result in additional compensation to help you through your recovery process.

Not all workers’ compensation claims are eligible for additional compensation through a personal injury case. When you meet individually with our attorneys, we can help you determine whether an additional claim is right for you.

Workers’ Comp and Retaliation

Workers’ compensation claims are protected under South Carolina law. This means that you are permitted to file a claim if you believe that a workplace accident led to an injury. Your employer may not impede you from doing so.

Similarly, your employer may not retaliate against you for filing such a claim. Retaliatory actions may include:

• Demotions or reduced hours
• Undue criticism or punishments
• Exclusion from meetings or essential information
• Teasing, jokes, or other forms of harassment about the incident
• Termination

This is not an exhaustive list of retaliatory actions that employers may take. If your employer begins to treat you differently after your workers’ compensation claim, they may be retaliating against you. As this is illegal, it is important to speak to your legal counsel right away if you believe that you are a victim of retaliation after filing a workers’ compensation claim. This is the case whether the workers’ compensation insurance company approved or denied your case.

FAQs About Conway, SC Workers’ Comp Laws

When Should I Hire a Workers’ Compensation Lawyer?

If you are involved in a workplace accident, you should hire a lawyer as soon as possible. By doing so, you can protect yourself from predatory insurance company tactics for the duration of your claim. Hiring an attorney also provides reassurance during all steps of the workers’ compensation claim process. We can help you fill out and submit forms. This can ensure that you receive the maximum amount of support for your given circumstances. Acting quickly offers you maximum legal protection.

What Percentage Do Most Workers’ Compensation Lawyers Take?

Every attorney charges differently for their workers’ compensation services. Because there is so much variability in the industry, it is important to ask each attorney specifically what they will charge for your case. South Carolina law limits the percentage that an attorney can take to ⅓ of their client’s monetary compensation. For example, if you receive $9,000 in financial support from your workers’ compensation claim, your attorney would be entitled to up to $3,000 in fees.

What Are Some Tips for Hiring a Workers’ Compensation Lawyer in South Carolina?

When looking for a potential workers’ compensation attorney for your claim, look for someone with direct experience in claims like yours. Ask them about their track record and why they feel confident about your case. It is also important to discuss your attorney’s fees and costs. This allows you to know if you can afford their services for the duration of your claim. Finally, it is important to find someone with whom you feel comfortable so that you may tell your story.

How Long Does a Workers’ Compensation Case Take in South Carolina?

If your attorney and the insurance company can come to a settlement quickly, the process may resolve in a few weeks. If the two parties cannot negotiate a resolution, they will schedule a formal hearing within four months. If the results of the hearing are appealed, or no conclusion can be reached, the process can take months or even years to resolve completely. Hiring an experienced workers’ compensation attorney can help move the process forward.

Can I Sue My Employer for a Workplace Injury?

You cannot sue your employer for a workplace injury if they have workers’ compensation insurance. However, if a third party, such as a vendor or contracted company, causes your workplace accident, you may be able to open a personal injury claim against them. The most effective way to ensure that you are receiving the maximum payout is to hire an attorney to represent you. Our team at Axelrod & Associates, P.A., is here for you.

Contact Axelrod & Associates, P.A.

Workplace accidents can be frightening. Fortunately, workers’ compensation offers financial support for your family during the aftermath. To make sure that you receive the compensation that you deserve, hire a qualified attorney from Axelrod & Associates, P.A. With over 100 years of combined experience, we are ready to help you with any workers’ compensation scenario.

To learn more, contact Axelrod & Associates, P.A.