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Every year, thousands of workplace injuries occur in Florence and throughout South Carolina. It is possible for anyone to suffer an injury at work, even in a seemingly safe work environment. While some lines of work are inherently more dangerous than others, it is crucial for everyone working in every industry to know the risks they face and what they can do to recover from workplace injuries. If you or a family member recently sustained an injury while working, a Florence workers’ compensation attorney is an invaluable source of guidance and professional legal support in this difficult situation.
Axelrod & Associates, P.A., is a highly experienced team of attorneys with a strong record of success thanks to our commitment to client-focused representation in every case we accept. Our firm is familiar with state workers’ compensation law, and we know the various challenges you might encounter as you seek the benefits you are rightfully owed after any injury in your workplace. If you need legal assistance filing your workers’ compensation claim, we are ready to help you.
If you are unsure if an injury qualifies for workers’ compensation, the main determining factor is that the injury must have occurred while you were working or you must have developed a medical condition through the performance of your work-related duties. A few of the most commonly cited types of work-related injuries in Florence include:
These are just a few examples of the types of work-related injuries reported throughout the Florence area each year. As long as you suffered your injury while working or developed your medical condition from performing your work duties, you are likely to qualify to file a workers’ compensation claim.
Filing a claim for workers’ compensation benefits in Florence will be similar to filing any other type of insurance claim but with the added complication of your employer’s involvement in the process. Your employer is required to create an incident report for your injury and provide you with the materials needed to file your claim for benefits. They may not interfere with your claim; otherwise, they can face severe legal penalties along with liability for your damages.
As part of the claim filing process, you will likely need to undergo a medical evaluation. Your employer’s insurance carrier will provide a list of local workers’ compensation physicians you can visit for this evaluation, and the doctor you see will assign you a disability rating based on the severity of your injury. Your disability rating has a significant influence on the benefits determination ahead, so if you disagree with the first doctor’s assessment, you can have your attorney arrange for a second opinion.
Once you complete this medical review, you will be able to file your claim to your employer’s insurance carrier. They will assess the details of the claim and then deliver their determination of benefits. It’s possible to encounter all types of disputes in this review process, and having legal counsel you can trust on your side ensures you are prepared to address any such issues that might arise.
The average injured worker in Florence can expect two forms of benefits from a successful workers’ compensation claim. First, the insurance company pays for all the medical treatment they need to reach maximum medical improvement from their injury. Second, the insurance company pays disability benefits that reflect the claimant’s inability to work and earn income following their injury.
A claimant can qualify for partial disability benefits if they can still work but cannot earn as much income as they did prior to their injury. These benefits will pay about two-thirds of the difference between what the employee previously earned and what they are able to earn through light duty. If the claimant cannot work at all, they can receive up to two-thirds of their average weekly pay in total disability benefits for up to 500 weeks or until they are able to return to work. If the claimant suffered a paralyzing injury or severe traumatic brain injury, they may qualify for permanent benefits.
Your Florence workers’ compensation attorney can help to ensure that both your employer and their insurance carrier treat you fairly throughout all stages of your claim filing process. When you choose Axelrod & Associates, P.A., to represent you, we will not only guide you through all the stages of your workers’ compensation claim but also assist you in determining whether you have grounds for legal recourse against a third party liable for your damages. Every case is unique, and every claimant will face different challenges in their recovery efforts, but every claimant benefits by connecting with legal counsel they can trust as soon as possible after a workplace injury in Florence.
A: State law requires virtually every private employer in the state to have workers’ compensation insurance, and there are very few types of employees who are exempt from this insurance coverage. Your employer is required to make your eligibility status clear, and if you believe your employer has mischaracterized your employment to avoid covering you with their workers’ compensation insurance, it is vital to consult an experienced Florence workers’ compensation attorney as soon as possible.
A: Technically, no, you do not need to hire legal counsel to file a workers’ compensation claim. However, having legal counsel you can trust will make the process much easier, and you will be prepared to address any unforeseen legal issues that arise throughout the claim process. Your attorney can streamline your efforts to recover compensation and resolve any disputes that may arise with your employer and/or their insurance carrier.
A: The purpose of workers’ compensation benefits is to aid an injured worker’s recovery. You should receive full coverage of your medical expenses related to your work injury as well as disability benefits if the injury prevents you from working at full earning capacity. It’s possible for an injured worker to receive partial disability benefits that help bridge the gap between what they earned prior to their injury and how much they are able to earn through light duty after their injury, and it is also possible for them to qualify for total disability benefits if they cannot work at all after their injury.
A: If you are awarded weekly disability benefits after filing your workers’ compensation claim in Florence, these benefits can typically continue for up to 500 weeks. However, some claimants who have suffered severe injuries resulting in permanent disabilities could qualify for extensions or even permanent disability benefits. It is also possible for such a claimant to file for Social Security Disability benefits once their workers’ compensation allotment has expired.
A: The team at Axelrod & Associates, P.A., can provide legal representation in your workers’ compensation case without adding to your financial worries with expensive hourly rates. We take these cases on contingency, meaning we will take a percentage of the total settlement we recover for you as our fee, but only if and when we win your case. If our team is unable to secure compensation for you, you pay nothing, so there is no economic risk to you in choosing our firm to represent you.
An injury at work can be a life-changing experience that causes tremendous financial stress for you and your family, but the right attorney on your side can help you approach the aftermath of this incident with confidence. Axelrod & Associates, P.A., can provide comprehensive legal support through every phase of your case, so contact us today to learn how we can assist you with your recovery.
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