Little River Workers’ Compensation Lawyer

Little River Workers’ Compensation Attorney

Every employee deserves a safe work environment. When workplace accidents or developmental injuries happen, they can cause you physical harm as well as a significant financial burden. You may find yourself facing medical bills, lost income, and long-term health complications.

Workers’ compensation allows injured employees to get compensation for their injuries. Although it should be a straightforward process, there are unfortunate cases where an employer or their insurance provider will try to discourage an employee from filing a claim. Often, an insurance provider will attempt to award as little compensation as possible, even when the amount is rightfully deserved. Whether you are facing difficulties filing your claim or don’t understand the process, a workers’ compensation attorney can help you.

Axelrod & Associates: Protecting Employee Rights

If you have dealt with a sudden accident and injury in the workplace, or you have suffered a developmental injury or disease, it’s helpful to work with an attorney. Filing for workers’ compensation is much easier with legal counsel and support, and it allows you to have the time to rest and recuperate.

At Axelrod & Associates, our attorneys have more than 100 years of combined experience in several fields of law. We have been proudly representing individuals in the Little River area and surrounding communities. It is essential to stand up for your employee rights, especially if you are being retaliated against for filing a claim. You have a right to compensation, and we want to help you maximize the amount you receive.

We know that the situation you are in can be frustrating, so we want to make the process as straightforward as possible while remaining compassionate and honest. Whether you are just filing your workers’ compensation claim or need to appeal a wrongful denial, we can help.

Workers’ Compensation in Little River

Workers’ compensation exists to protect both employees and employers. In South Carolina, most employers who have four or more employees are required to carry workers’ compensation insurance. This not only provides employees with financial and medical coverage if they are injured at work, but it also protects employers. If an employer doesn’t carry workers’ compensation insurance, an injured employee can hold an employer directly liable and file a personal injury claim against them. Workers’ compensation protects employers from litigation and protects the livelihood of employees.

What Does Workers’ Compensation Cover?

Workers’ compensation should provide benefits for:

• Any medical costs associated with the injury or illness, including surgeries, physical therapy, travel expenses, prescription drugs, hospital stays, and more
• Any income lost while not working due to healing, resting, or attending doctor’s appointments
• Temporary or permanent disability payments
• Rehabilitation or job retraining
• Death benefits to the loved ones of employees who died from injuries or while at work

To receive disability benefits, the injury or illness must be severe or permanent and limit the employee’s ability to:

• Complete their work.
• Find gainful employment.
• Participate in day-to-day life and activities.

Understanding Disability Benefits

The type of disability benefits you receive relies on the severity of your injury and how long it’s expected to prevent you from working.

• Temporary Partial Disability: These benefits are for employees who can return to work but receive reduced pay because of the lighter workload or modified tasks they are given. Payments end when the employee returns to full-time work.
• Temporary Total Disability: These benefits are paid to an employee who is unable to reasonably return to work. The benefits last until they have reached maximum medical improvement (MMI).
• Permanent Partial Disability: This is when an employee has reached their MMI. Their benefits are calculated based on their impairment and disability rating.
• Permanent Total Disability: These benefits are paid when an employee suffers a total and permanent disability. They continue between 10 and 500 weeks.

Your attorney can help you determine what benefits you may be eligible for. If you are denied benefits that you need and deserve, an experienced attorney can help you file an appeal and argue for your employee rights.

Workers Compensation FAQs

Q: How Long Can You Stay on Workers’ Comp in South Carolina?

A: Depending on the type of disability benefits you qualify for in South Carolina, benefits could last up to 500 weeks. However, this is a maximum cap, and the exact length of time varies depending on the severity of your injury. The length of the benefits also depends on when you are deemed capable of returning to work.

Q: Can You Sue Your Employer in South Carolina?

A: In most cases, no, you can’t sue your employer for an injury at work. Workers’ compensation insurance exists to provide benefits to employees and prevent an employer from being held liable. You could sue your employer if their actions were willfully negligent or malicious and directly caused your injury. You may also be able to file a claim against other third parties in addition to your workers’ compensation claim. This includes:

• The manufacturer or distributor of defective machinery or products that caused the injury or illness
• An at-fault driver in a work-related car accident

Q: How Do I Calculate a Workers’ Comp Settlement in South Carolina?

A: Workers’ compensation settlements depend on several factors, including:

• The severity of your injury, and whether you are permanently disabled
• Your income, and how much work you missed while recovering
• Your lost earning capacity, if your injury prevents you from completing your job
• The total amount of any medical bills resulting from the illness or injury

Q: How Much Does Workers’ Comp Pay in South Carolina?

A: If you are eligible for temporary total disability benefits, your weekly pay will be 66.67% of your average weekly wage in the past year. If you receive temporary partial disability benefits, and are therefore able to work reduced hours or at reduced pay, the formula is more complex. Your weekly disability payments will be 66.67% of the difference between your average weekly wage prior to the injury and your average weekly wage after the incident.

Contact Axelrod & Associates

A workers’ compensation attorney can deal with the insurance provider on your behalf. This can greatly reduce your frustration while dealing with pain and limiting injuries. At Axelrod & Associates, we want to provide you with the compassionate legal support you need. Contact our team today.