Worker's Compensation Lawyer
For Hilton Head Island, Bluffton, & Beaufort South Carolina (SC) Area
If You Have Been Injured at Work on Hilton Head Island or the Surrounding Areas:
Workman’s Compensation is the no-fault system of laws specified to protect injured workers. These laws were enacted in an effort to lessen the need for litigation and to alleviate the condition that injured workers establish that their injuries were their employer's "fault".
The Role of Insurance Companies. The objective of workman’s compensation is to ensure that a person injured at work or contracts an illness as a result of their job obtains the appropriate medical care, lost wages relating to the on-the-job injury and, if necessary, retraining and rehabilitation. The main objective of the workers' compensation program is to provide medical expense benefits, rehabilitative benefits, and cash benefits to employees who are injured or disabled as a result of a job-related illness or accident. Loss-of-income benefits are also payable to a surviving spouse in the event of an employee's death.
Once an Injury Occurs. Immediately upon realizing that a workplace injury has transpired, the party should notify their employer. This is the first step in the workman’s compensation process and provides an injury report to be put on record with the state worker’s compensation board. Failure to file an injury report may cause serious problems at a later time including a denial of worker’s benefits. South Carolina Workman’s Compensation laws require an employee (or his or her family in the event of a death) to file a claim for benefits typically within two-years of the date of the injured worker's accident. A prolonged time lapse between the injury and filing a claim may potentially produce questions concerning the legitimacy of the claim. Another good idea is to contact the state workers compensation board to make certain that all the pertinent documents have been filed to establish the claim properly. It is important to note, depending on the jurisdiction the accident occurs in, that employees may be limited in collecting benefits if their injuries or death was a result from willful misconduct or from drug or alcohol intoxication.
Commonly covered conditions include:
repetitive-stress injuries (RSIs)
carpal-tunnel syndrome (CTS)
back injuries
traumatic injuries
wounds
bodily reactions to substances
mental or emotional harm caused by unusual stressful conditions of the job
aggravated pre-existing conditions
What is Covered by Workman’s Compensation? Medical expenses that are disbursed by workers compensation consist of the costs related to hospital and physician care, emergency room care, the expenses associated with x-rays, blood panels, and other testing, rehabilitation treatment and any surgery necessitated by the injury. As soon as you file a worker’s compensation claim, your employer’s workman’s compensation carrier should begin paying all your medical costs. Workers comp insurance also covers dismemberment, disability, and death (with each state defining a benefit level that employers must meet). In essence, the medical benefits are the same as those you would get with health insurance, however, unlike health insurance you also get compensated for lost wages if you are considered partially or permanently disabled.
Will I be compensated for pain and suffering? Formulating a generalization about compensation for pain and suffering is problematic because it depends on each individual state. Compensation for pain and suffering is occasionally an element of a lump-sum settlement. Whether physical pain can be measured is part of a great debate and a variety of jurisdictions will not recompense for mental anguish. However, if the jurisdiction accepts a holistic method of evaluating benefit entitlements then it is likely that pain and mental anguish compensation may be granted. South Carolina has no direct provision for the compensation for pain and suffering. However, permanent pain and suffering may enhance the ultimate judgment amount in an indirect maner.
When to Hire an Attorney Experienced in Worker's Compensation Cases in the Hilton Head Island, SC Area.
Generally it is to your advantage to hire an attorney as promptly as possible to obtain professional advice. Trusting your employer or insurance company to look out for your best interests may prove unwise. Your employer and insurance company wish to afford the least amount of benefits possible on your claim. They already have attorneys working for them and that puts you are a greater disadvantage. An attorney will ensure that you do not miss a deadline and will be certain to ask for all the benefits you are entitled to.
Kiker Law Firm. There are times that a worker is denied benefits that they are entitled to, are told they may report back to work before they are medically able to, or are even deprived of permanent disability award due to a substantial disabling injury. This is unlawful and it is critical to speak with an attorney at Kiker Law firm who are experienced in handling Workman’s Compensation cases. You have the right to be represented by an attorney of your choice in relation to your work-related injury and your attorney from Kiker Law Firm will assist you to ensure that your rights and benefits are appropriately safeguarded.
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