Marion Workers’ Compensation Lawyer

Marion Workers’ Compensation Attorney

Work should be a place in which you feel a sense of safety. While many workplaces are totally safe, unfortunately, sometimes accidents happen on the job, leading to injuries. When someone sustains an injury on the job, they’ll want to get in contact with a Marion workers’ compensation lawyer who can advocate for them and work to get them the help they need.

At Axelrod & Associates, we work with injury victims to get them life-changing compensation. Our team has experience working on workers’ compensation and personal injury cases and can do everything in our power to get you an acceptable settlement and ensure you get your life back on track.

What Is Workers’ Compensation in South Carolina?

Workers’ compensation is a series of laws that protect workers in the case of injury while they are on the job. These laws seek to make sure employers are ready to pay compensation to an employee after they suffer an injury on the job. These payments will help with any medical bills and supplement lost wages while the employee cannot work.

For an employee to receive workers’ compensation, the injury must occur during the normal operation of someone’s workplace duties. For instance, if you are transporting something across the room and fall down, you would be entitled to workers’ compensation benefits. However, getting into a car accident while you are driving home from work will not lead to any benefits, as you weren’t at work when the accident occurred.

After an injury, you’ll want to report it to the appropriate party at your job to get them to file the appropriate paperwork. You may need to speak with your boss or the director of human resources. Once they file the official paperwork, they may ask you to see a workers’ compensation doctor for an evaluation. If you don’t agree with the doctor’s prognosis, you can seek a second opinion.

The insurance company will evaluate your claim and let you know if they have accepted or declined it. If you’re dealing with an obstinate insurance agent, you may want to hire a Marion workers’ compensation attorney to help you get the compensation you deserve.

What Can Disqualify You From Receiving Workers’ Compensation Benefits in Marion?

Not every injury at work leads to workers’ compensation benefits. In fact, insurance companies have a few reasons they can legally deny someone benefits after an accident. You may have to fight to prove you weren’t running afoul of any laws so you can get your benefits. Some of the reasons insurance companies deny coverage are:

• Roughhousing: If you were messing around and your injury occurred while roughhousing with your coworker, this will disqualify you from benefits. Your injury needs to come from fulfilling the duties of your job, not from messing around when you should have been working.
• Under the influence: If the company finds out you were intoxicated or otherwise under the influence of drugs, this will likely lead to you missing out on benefits. You need to be sober for the insurance companies to offer you a settlement for workers’ compensation.
• Not accidental: Some employees attempt to fall and injure themselves on purpose. You must be acting in good faith to receive workers’ compensation.
• Not performing normal tasks: Your injury should have happened while you were conducting your regular duties at work. If you were in an unauthorized area or were doing something not asked of you, this may lead to you losing out on any benefits.

Can I File a Claim Against My Employer After a Workplace Accident?

Generally, you cannot bring legal action against your employer after a workplace accident. While you can seek workers’ compensation benefits, South Carolina law protects the company from further legal action. You can bring a claim against some other third parties if negligence is involved.

If your accident occurred because of faulty machinery, you could speak to your attorney about filing a claim against the manufacturer to seek additional compensation for damages. You can also bring a claim against outside contractors who don’t work for your company but did contribute to your accident.

What Are the Most Common Workers’ Compensation Injuries in South Carolina?

Because so many Marion, SC people have different work environments, it is hard to come up with a comprehensive list of injuries and accidents someone can sustain while on the job. While we may think of injuries to blue-collar workers, such as broken bones, white-collar employees are just as susceptible to injuries from different sources.

Some of the most common injuries we see in the workplace include:

• Spinal cord injuries: Your spine controls many of the motor functions of the body, and an injury to your spinal cord will often leave you in physical distress and dealing with plenty of doctor’s visits. You can suffer a spinal cord injury from a slip and fall or something smacking into your back. You’ll likely be out of action for a while after a spine injury, and it might require surgery or cause permanent disability.
• Repetitive motion injuries: Despite what you might think, repetitive motion injuries such as carpal tunnel do fall under the umbrella of workers’ compensation in South Carolina. These injuries affect both blue- and white-collar workers and occur when your joints are doing the same thing over and over. This motion grinds down your joints and leads to injuries and weakness.
• Broken bones: Physically taxing jobs like construction come with some risks, and you always run the risk of a broken bone. You can break your bones from a crushing accident, a fall, or a car accident. Broken bones normally aren’t permanently disabling, but they will take some time for an injured person to recover from, and you’ll likely miss work while dealing with one.
• Traumatic brain injuries: TBIs include things like concussions or any other time you suffer a head injury that injures the brain. Recovery from a TBI can take a long time, and some of them have permanent effects that may leave you unable to work again.

Does My Employer Have to Have Workers’ Compensation Insurance?

Yes, any employer in South Carolina who employs more than four people needs to have workers’ compensation insurance to cover any accidents in the workplace. There are a few exceptions to this rule for industries like agriculture and railway transportation, so you should speak with an attorney if you’re not sure if you qualify for workers’ compensation.

You may have a right to file a claim against your employer if they don’t have workers’ compensation insurance.

Should I Hire a Marion Workers’ Compensation Lawyer?

A lawyer is absolutely crucial to your claim. You’ll likely only have one chance to get the help you need after an accident, and hiring an attorney will increase those odds and give you a better chance of receiving compensation. No attorney can guarantee a settlement, but they will be able to help you through the process.

Some people go it alone when filing for workers’ compensation. In some cases, it ends up working. The company works with them, and they get a settlement without too much hassle. However, these situations do not always occur, and having an attorney on your team will give you a better chance of avoiding protracted negotiation and a court battle while you’re trying to recover from your injury.

Workers’ Compensation FAQs

Q: What Are the Attorney Fees for Workers’ Compensation in South Carolina?

A: In most workers’ compensation cases, your attorney will charge a contingency fee for their services. This style of payment means you won’t have to pay your attorney if they do not settle, and your payment comes as a chunk of the settlement. Typically, an attorney will charge between 30 and 40 percent of the settlement as their fee.

Q: What Should I Do After a Workplace Accident in SC?

A: You should report the accident to your superior or a human resources representative after sustaining any injury. Make sure they fill out any applicable paperwork and then follow any instructions they give you, such as seeing a workers’ compensation doctor or speaking with an insurance agent.

Q: Do I Need to Find a Lawyer After a Workplace Accident in SC?

A: Having an attorney on your side gives you a better chance of receiving benefits after an accident. Your attorney can be the difference between getting nothing and getting the money that will help you recover from your injury. You’ll also want to focus on recovery from the injury, and you won’t want to deal with learning about workers’ compensation laws and negotiating with an insurance agent. You can let your attorney take care of all this.

Q: What Evidence Do I Need to Prove My Workers’ Compensation Case in Marion?

A: You can use witness testimony to demonstrate the veracity of your claims. You can also use any video footage of the accident as proof of your claims. If the workers’ compensation doctor you see does not agree with your claim of injuries, you can speak with another doctor for a second opinion to showcase your injuries from the accident.

Axelrod & Associates: Seasoned Marion Workers’ Compensation Lawyers You Can Count On

Workers’ compensation should be easy, but it can often lead to a protracted legal battle and plenty of hurt feelings. If you’re struggling to get the help you need, you should speak with a Marion workers’ compensation lawyer who can help.

At Axelrod & Associates, we have experience helping numerous clients get the help they need. Contact us today to see how we can help you get the benefits you deserve.