Dillon Workers’ Compensation Lawyer

Dillon Workers’ Compensation Attorney

Certainly, no one ever hopes or plans to get injured at work. However, every job carries some level of risk. Covering the costs of those injuries is the responsibility of your employers’ workers’ compensation provider. The process of ensuring that you receive what you’re owed can often require the help of a Dillon workers’ compensation lawyer.

In some cases, like a construction site, the risk of an injury tends to be more obvious and apparent. There are, though, many who have gotten injured through the strains and exposures involved in an office job as well.

No matter the nature of the injury that you received in the course of performing your job, there are often expenses incurred as a result. At Axelrod & Associates, P.A., we’re very familiar with the workers’ compensation process, and our team can help you with your claim.

What Qualifies for Workers’ Compensation in Dillon?

Workers’ compensation is meant to cover the cost of injuries or illnesses that are caused by your work, a workplace accident, or the exposures that could occur in the course of doing your job. The key qualification for workers’ compensation is that the injury must originate from your employment. What this generally means is that it must be caused by you performing the functions of your job and happen as you’re doing that job.

It is possible that an injury at work may not be covered by workers’ compensation if that injury is not caused by you performing your job as expected. For instance, an injury that is the result of horseplay at work is likely not going to be covered by workers’ compensation. The same is true if the injury is a result of someone coming to work drunk or otherwise intoxicated. The injuries that are covered must be those that arise from the normal course of doing your job.

Generally, the circumstances that are covered fall into three categories:

• Workplace Accidents – There’s a variety of workplace accidents that could occur, from slip and falls to an issue with machinery or another tool. As long as these occur in the course of performing a function for work, they are covered by workers’ compensation.
• Workplace Injuries – Even the most mundane tasks, if repetitive and done without breaks, could lead to various injuries, such as strains, pulled muscles, and other motor function damage.
• Occupational Illnesses – In some jobs, there could be regular exposure to chemicals and hazardous substances. These can lead to illnesses, often respiratory, or diseases.

What Workers’ Compensation Covers

Workers’ compensation covers a variety of different costs associated with a workplace injury. The exact costs that will be covered depend on factors like the extent of the injuries and whether the injured will be able to return to work at some level. Costs that could be covered include:

• Medical Costs – The medical expenses associated with your workplace illness or injury will be covered, although they will usually require working with a doctor who is approved by the workers’ compensation insurance provider.
• Wage Replacement – Your full wages won’t be covered, but, in most cases, you will receive two-thirds of your average weekly pay. However, this is subject to maximums and minimums. Because this is usually tax-free, though, most people will end up with a take-home pay that is reasonably close to what they were making before the injury.
• Vocational Training – In some cases, an injury may be serious enough that it prevents someone from returning to work in the same way as they were able to prior to the injury. This could require them to change their careers. If that’s the case, then new vocational training and job-seeking services may be covered.
• Permanent Disability – If there is some form of permanent impairment as a result of the workplace injury, then there could be compensation for that as well.
• Death Benefits – There are times when a workplace injury could lead to the death of a worker. If that’s the case, workers’ comp could also cover loss of income, along with funeral and burial costs.

What a Dillon Workers’ Compensation Law Firm Can Do to Help

Working with a Dillon workers’ compensation lawyer can be helpful in seeing that you get all the benefits that you are legally entitled to. The workers’ compensation process is a particularly complex one, and it’s critical that you follow it correctly. Any kind of error or mistake could lead to lengthy delays or even to your claim being rejected. A lawyer can be essential to knowing that you are following the right process.

A workers’ compensation lawyer in Dillon, SC can aid with the process of evaluating your claim and filing all the necessary paperwork by the right deadlines. In particular, they can help when a claim is denied. There is often a process of appeals and hearings, and having a lawyer represent you through these could be essential to you receiving the compensation that you deserve.

Having someone familiar with these procedures, and who understands the law and obligations of the workers’ compensation provider, can be critical.  They can also skillfully negotiate with insurance providers to fully secure the compensation that you are rightfully owed. A workers’ comp attorney can significantly improve your chances of reaching a successful result in your case.

Workers’ Comp FAQs

Q: How Long Can You Collect Workers’ Compensation in Dillon?

A: Workers’ compensation benefits generally fall into four different categories. Where a case is categorized will impact the amount and duration of benefits that the workers receive.

If an employee is cleared to return to work before the maximum is reached, then they may stop receiving benefits and be required to work instead. When someone has a temporary partial disability, then they may receive benefits for up to 340 weeks. If they have a temporary total disability, then the benefits that they receive could last up to 500 weeks. They may receive benefits for an indefinite period of time if they have permanent partial or total disability.

Q: What Companies Are Required to Carry Workers’ Compensation Insurance?

A: Generally, South Carolina will require employers that have a minimum of four workers in their employment to carry workers’ compensation insurance. This includes both full-time and part-time employees. There are a few exceptions, though, some of which include:

• Certain agricultural employees
• Railroad employees
• Federal employees
• Casual employees

An employer who fails to meet their requirement to provide workers’ compensation insurance could face stiff penalties and other legal consequences. If an employee got injured, they may still be liable for the costs that workers’ compensation would have covered. A workers’ compensation lawyer can help you assess whether your employer should have coverage.

Q: What If My Injuries Will Require a Change of Careers?

A: It’s possible that your injury may be serious enough that you won’t be able to return to the work that you had before. This could mean that you will need to change your career. If that’s the case, then there are vocational services that are covered under workers’ compensation. These can include training for a new career and job placement services. Your doctor and lawyer can help you understand if this will apply to your situation.

Q: Can You Be Fired for Filing a Workers’ Compensation Claim?

A: It is illegal for your employer to fire you because you have filed for workers’ compensation. This is considered to be an act of retaliation, and any form of retaliation for filing a workers’ comp claim is illegal. It could also be grounds for another claim against your employer for retaliation or wrongful termination. Acts of retaliation include:

• Reducing your hours
• Giving you a demotion
• Making your working conditions unbearable

However, there is still a possibility that you could be terminated for lawful purposes. If the employer has sufficient grounds for termination based on legitimate reasons, like poor performance or violations of company policy, then you may be terminated while out on workers’ compensation or seeking workers’ compensation.

If, though, you believe that you have been retaliated against or are a victim of wrongful termination, then speaking with an employment lawyer can help you understand your options.

A Dillon Workers’ Compensation Lawyer Can Help

Workers’ compensation can be a critical protection for those who get hurt on the job. These injuries can be expensive to treat and cause many workers to miss time from their jobs. In some serious cases, the injuries are severe enough to necessitate a career change, or they could even prevent the injured from ever returning to work. While workers’ compensation is meant to cover the costs of these situations, getting the compensation that you’re owed can often be a challenging process.

Because of the risk of fraud, there are many worthy claims that are initially denied. The legal process for receiving what you’re owed can often be complex, and mistakes can be costly. Your strongest chance of getting the compensation that you’re owed is by working with a Dillon workers’ compensation lawyer from Axelrod & Associates. Contact us to discuss your workers’ compensation needs.