In the unfortunate event of you being hurt on the job or getting an illness because of your occupation, it’s not just your health to worry about. Medical bills and financial responsibilities alone with regular everyday duties that you cannot fulfill because of the incident that took place while on the job. During these times your employer should qualify you for worker’s compensation, which will allow you to receive help financially to handle your responsibilities.
To find out how you can benefit from the services of our highly-experienced Piedmont, S.C., workers’ compensation attorneys, call the lawyers at Bryan Ramey, P.A. for a free legal consultation.
Knowledge About Workers’ Comp Case
Previously, lawyers were bogged down with several lawsuits by injured industrial workers before workers’ compensation laws. For these workers’ the only way for them to get compensation for being injured on the job was to hire a lawyer and sue the company.
At times the worker would win his or her case or with ease, but the lawyer and court expenses often would take more from the worker. Homes, health and family are just to name a few of the things they would lose. For the workers that were in need this put a strain on society.
WORKERS’ COMPENSATION: A FINANCIAL NEGOTIATION
The laws for workers’ compensation were created to protect not only the worker that gets injured or sick from chemicals or toxins on a jobsite, but also protects the company from liability claims. Worker and companies alike desired a more reasonable solution if any problem that could occur if being injured while on the job. Workers’ didn’t want to be left with an expensive bill and companies didn’t want to be sued for an extreme amount of money.
Over time, workers’ compensation has been made into a system of laws enacted by each state that provides lost income, medical and permanent disability benefits for employees who are injured on the job. Workers’ compensation is supposed to be there for you if you get injured on the job.
WHAT AM I ENTITLED TO UNDER WORKERS’ COMPENSATION?
The benefits of the Worker’s Compensation Act, entitles certain employees to benefits for at work injuries, occupational illness, or even death related to employment. Whether you are in your work place or not, if it is work related and you get injured you are covered through worker’s compensation.
If you are unsure about your injury qualifying for benefits, then contact our workers’ compensation lawyers in Piedmont right now. We will make sure to get you the benefits you need and deserve. As a highly-trained group of lawyers with experience in these cases, we will guide you through the application or appeal process to make sure you will get the full coverage that you deserve.
WORKERS’ COMPENSATION ELIGIBILITY
In South Carolina, it is a requirement that all companies who employ more than four full time or part time employees to carry workers’ compensation insurance. As an employee, you are covered through workers’ compensation insurance whether you are full or part time, an adult or a minor working for the company.
People who are volunteers or working as a contract independent, aren’t covered through workers’ compensation. Unless in the rare case that the company has obtained insurance coverage for those workers. If you are in this category, you maybe able to sue your employer, and you should contact our lawyers immediately for a consultation.
COMMON ON-THE-JOB INJURIES
In order to be eligible for worker’s compensation, your injury must have taken place while working on site or while on the clock for your company and within the duty of your employment. Any accident taken place while on your lunch hour will not qualify you for workers’ compensation, but a slip and fall while moving equipment at the direction of your employer will qualify for worker’s compensation.
Common workplace injuries include:
- Any sort of fall or slip that results in injuries
- Injury to the head or brain
- Injury from burns
- Injury to the back or spine
There are some injuries that don’t qualify for workers’ compensation. You may have a repetitive injury like carpal tunnel syndrome or chronic back problems. Other illnesses such as heart conditions, lung disease, or mesothelioma may also be an attributable to work conditions. There are multiple reasons why these conditions can occur while performing your regular duties while being on the job.
SUING A THIRD PARTY AFTER A WORK ACCIDENT
Although, an employee covered by workers’ compensation cannot sue his or her employer, they can however sue any third party whose negligence caused him or her to be injured. Example, a trucker is injured during an automobile accident. He can file a workers’ compensation claim against his employers’ insurance carrier and negligence suit against the person the driver of the automobile from the accident.
Employers aren’t required to advise their employees on the specifics of the workers’ compensation coverage they provide, but most states require them to have a summary of the state’s workers’ compensation laws and the name of their insurance carrier be posted in visible place at the worksite. In the event the employer doesn’t carry workers’ compensation insurance, an employee who is injured on the job may sue the employer directly, and many states award penalties against such employers.
If in the event an employer’s workers’ compensation insurance company goes bankrupt, there maybe another insurance carrier that will purchase and take over the bankrupt carriers’ claims. Failing this, states have set up funds to guarantee that injured workers’ benefits are honored
MEDICAL EVALUATION FOR WORKERS’ COMPENSATION
It’s common for employers to request for you to undergo a medical evaluation after you file a workers’ compensation claim. In this way, your employer will see which benefits you qualify to receive under workers’ compensation laws. The results of this examination can affect the outcome of your case, so you need to be prepared for it.
Keep the following tips in mind when preparing for a medical evaluation:
- Dress consistently with your injury– If you need special assistance after your injury like using crutches, a sling, or a neck brace, be sure to wear them during the examination. This will prevent you from worsening the injury, while also letting the doctor know that the injury is serious.
- Know your own medical history– Being a doctor they should make sure your symptoms don’t have anything to do with a previous injury then the one you are suffering from currently. If you are familiar with your own history of medical issues, you can point out all the ways your injury is different from any previous condition.
- Know your symptoms and treatment– Go over all your tests, medications and any procedures you’ve already had done. The more you remember about these the better.
- Be able to explain how the accident happened– Workers’ compensation is a no-fault system, so you won’t be denied payment because you caused your injury. However, your injury does have to be related to your job, and a detailed account of the accident will provide more evidence that the accident was work-related.
Make sure to arrive early and have someone you trust like a friend or family member come with you to your doctor’s appointments to take notes. Ask questions and provide support throughout the process.
If you want to challenge the physician’s ruling, another person in the room may help support whatever you felt was wrong about the way the doctor directed the medical examination.
HAVE SOMEONE ON YOUR SIDE IN A WORKERS’ COMP CASE
Regardless of the safeguards, workers’ compensation insurance companies are businesses interested in keeping their cost down, and employers tend to be interested in also keeping their worker’s compensation premiums as low as possible. You may need someone knowledgeable in workers’ compensation law on your side. This is true for when you have a severe injury or permanent impairment that prevents you from continuing to preform your job.
Workers’ compensation cases are usually more complex than they may at first seem. Your injuries, for example, may be protected even though they were caused by inadequate instruction or supervision. The insurance carrier may true to convince you that its best to settle your claim saying that coverage does apply because of your circumstances that surround your case. If you have your own workers’ compensation attorney with the resources to properly investigate such circumstances, he can help you gain fair recovery by helping you support your position and pursue all possible legal remedies.
WORKERS’ COMP ATTORNEYS SERVING SOUTH CAROLINA
At Bryan Ramey, we take your workers’ compensation claim seriously, and will do everything we can to make sure you get the payment you deserve by law. Our workers’ compensation lawyers have been helping people in the Piedmont area for many years. With 30 plus years’ experience and a proven successful background, in South Carolina, you will want our workers’ compensation lawyers on your side.