If you get hurt at work in South Carolina, you may wonder if you need a lawyer. Some claims are simple. Others are not. A small mistake can delay your benefits or lead to a denied claim.
Workers’ compensation is meant to cover medical care and part of your lost wages. It can also pay for permanent disability if you cannot return to the same job. But problems can come up. This guide explains when you should think about getting a lawyer and what that lawyer can do for you.
When You Should Get a Workers’ Compensation Lawyer in South Carolina
Some situations call for legal help right away. Below are common reasons injured workers decide to hire a lawyer.
Your Workers’ Compensation Claim Is Denied
A denied claim is one of the top reasons to get help.
Insurance companies may deny claims for many reasons. They might say:
- Your injury did not happen at work
- You waited too long to report it
- Your condition is not work-related
- You have a pre-existing condition
If your claim is denied, you have the right to appeal. A lawyer can file the right forms, gather medical records, and represent you at a hearing before the South Carolina Workers’ Compensation Commission.
You Suffered a Serious or Catastrophic Injury
Minor injuries sometimes move through the system without many problems. Serious injuries are different.
Examples include:
- Traumatic brain injuries
- Spinal cord injuries
- Broken bones that require surgery
- Loss of a limb
- Severe back or neck injuries
- Injuries that lead to paralysis
- Work-related death
These cases often involve long-term care and large benefit amounts. Insurance companies may fight harder to limit what they pay. A lawyer can work to protect your right to full medical treatment and disability benefits.
You Are Out of Work for More Than Seven Days
In South Carolina, you may qualify for temporary total disability benefits if you miss more than seven days of work because of your injury.
If payments are late, too low, or stopped early, legal help may be needed. A lawyer can review your wage records and make sure the insurance company calculates your average weekly wage correctly.
You Cannot Return to the Same Job
Some injuries prevent you from going back to your old position. You may have permanent work restrictions. You may not be able to work at all.
In these cases, you could be entitled to:
- Permanent partial disability benefits
- Permanent total disability benefits
Disputes often arise over how disabled you are and what you can earn in the future. A lawyer can gather medical opinions and other evidence to support your claim.
You Are Having Trouble Getting Medical Treatment
Workers’ compensation should cover approved medical care. But sometimes treatment is delayed or denied.
Problems may include:
- Refusal to approve surgery
- Denial of physical therapy
- Disputes over which doctor you can see
If your recovery is being delayed because treatment is not approved, legal action may help move things forward.
Your Employer Is Threatening or Treating You Differently
It is illegal for an employer to punish you for filing a workers’ compensation claim. Still, some workers face threats, reduced hours, or unfair discipline after reporting an injury.
If you believe your employer is retaliating against you, speak with a lawyer. You may have additional legal rights beyond your workers’ compensation claim.
You Have a Pre-Existing Condition
Insurance companies often argue that a prior injury or condition is the real cause of your pain.
Even if you had a pre-existing issue, you may still qualify for benefits if work made it worse. A lawyer can help show how your job aggravated the condition.
You Think a Third Party May Be Responsible
Not all work injuries are limited to workers’ compensation.
For example:
- A negligent driver hits you while you are driving for work
- A defective machine causes your injury
- A subcontractor creates a dangerous condition
In these cases, you may have a third-party claim in addition to your workers’ compensation case. A lawyer can review the facts and explain your options.
You Receive or Plan to Apply for Social Security Disability
If you are receiving or applying for Social Security Disability benefits, your workers’ compensation settlement could affect those payments.
Settlements can sometimes be structured in a way that reduces the impact on Social Security Disability. Legal guidance can help you avoid costly mistakes.
The Insurance Company Wants a Recorded Statement
Insurance adjusters may ask you to give a recorded statement about your injury. What you say can be used to limit or deny your claim.
Before giving a recorded statement, it is wise to speak with a lawyer.
Why Early Representation Can Help
Some people wait until their claim is denied before calling a lawyer. Others seek help right after the injury.
Getting legal advice early can help you:
- Meet all deadlines
- File the correct forms
- Avoid errors that could delay benefits
- Protect your right to appeal
In South Carolina, you generally have two years from the date of your injury to file a claim with the South Carolina Workers’ Compensation Commission. Missing this deadline can mean losing your right to benefits.
What Happens If You Do Not Get a Lawyer?
Not every case requires legal help. If your injury is minor, your medical care is approved, and your benefits are paid on time, you may not need a lawyer.
But going through the process alone can carry risks, such as:
- Missing filing deadlines
- Accepting a settlement that is too low
- Failing to request a hearing on time
- Overlooking permanent disability benefits
Once you sign a settlement agreement, you usually cannot go back and ask for more money. It is important to understand what you are giving up.
How a Workers’ Compensation Lawyer Can Help
A lawyer can handle many parts of your claim, including:
- Filing required forms and documents
- Gathering medical records and expert opinions
- Calculating lost wages
- Negotiating with the insurance company
- Representing you at hearings
- Questioning witnesses and taking depositions
- Reviewing and negotiating settlement offers
They can also explain what benefits you may qualify for, such as medical treatment, temporary disability, permanent disability, and mileage reimbursement for medical visits.
Having someone speak on your behalf can reduce stress and help you focus on healing.
Talk to Hart Law About Your Work Injury
If you were hurt on the job in South Carolina, you do not have to handle the claim alone. Questions about denied claims, disability benefits, medical treatment, or settlement offers should be taken seriously.
Call Hart Law at (803) 771-7701 to discuss your situation. A conversation can help you understand your rights and decide what steps to take next.