A workplace injury can happen to anyone. When you are injured at work in Fort Mill, SC, workers’ compensation insurance will generally pay your medical bills and help you with loss of income while you are out of work. Even though workers’ compensation is a no-fault system that should be straightforward, injured workers often face problems getting their benefits and a fair settlement.
At Elrod Pope Accident & Injury Attorneys, we are dedicated, experienced Fort Mill workers’ compensation lawyers. For over 40 years, we have focused our law practice on personal injury and workers’ compensation claims. We fight to ensure you are treated fairly and receive the workers’ comp benefits you are entitled to receive.
Contact us, or call our personal injury law firm at (803) 902-4045 today to schedule a free consultation with an experienced Fort Mill workers’ compensation attorney. We are available 24/7 to discuss your case with you.
How Elrod Pope Accident & Injury Attorneys Can Help if You’ve Been Injured in a Workplace Accident in Fort Mill
Dealing with a workers’ compensation claim while you are recovering from a work injury can be challenging. Trying to navigate the workers’ comp claims process without a lawyer means you might not realize when the insurance company fails to provide benefits or pays you less than you are owed for a work injury. When you have an experienced Fort Mill workers’ compensation lawyer on your side, the insurance company must follow the law.
Our South Carolina personal injury lawyers have appeared on numerous news shows, including CNN, Fox News, MSNBC, The Oprah Winfrey Show, and Larry King Live. We have recovered over $100 million for our clients in settlements and jury verdicts.
Numerous professional organizations have recognized our lawyers for their legal expertise, skills, and proven track record. Our attorneys are highly rated by Super Lawyers, Best Lawyers, and The National Trial Lawyers. We have a perfect 10.0 Superb rating with Avvo and an AV Preeminent rating with Martindale-Hubbell, its highest rating for professional excellence.
When you hire our top-rated workers’ comp attorneys in Fort Mill, you can expect that we will:
- Investigate your workplace accident to determine how your injury occurred
- Gather evidence, including medical records, wage statements, second opinions, eyewitness testimony, and other evidence to support your claim
- Handle all communications with the insurance companies and other parties
- Assess your damages and determine how much a workers’ compensation claim is worth
- Represent you during negotiations and hearings
- Appeal denials of workers’ compensation claims
- Put your best interests first during all phases of your case
Submitting a workers’ comp claim is typically not a difficult task. However, having a Fort Mill personal injury attorney handle your case from the beginning means you have a legal advocate if your case becomes complicated. It also means that you can focus on your recovery instead of a legal battle.
Get help from the experienced legal team at Elrod Pope Accident & Injury Attorneys. Call now for a free case evaluation with an experienced workers’ compensation lawyer in Fort Mill, South Carolina.
Types of On-The-Job Injuries Our Fort Mill Workers’ Compensation Lawyers Handle
Workplace injuries range from minor sprains to debilitating catastrophic injuries. Our legal team at Elrod Pope Accident & Injury Attorneys is equipped to handle all types of work-related injuries. Common work injuries our law firm handles include, but are not limited to:
- Injuries caused by falls, including slip & fall accidents, falls from heights, and trip & fall accidents
- Catastrophic injuries, including paralysis, severe burns, traumatic brain injuries, spinal cord injuries, amputations, and loss of vision/hearing
- Broken bones and fractures
- Neck and back injuries
- Electrocutions and electrical injuries
- Muscle strains and soft tissue injuries
- Crushing injuries and internal organ damage
- Exposure to chemicals and toxic substances
Employers have a duty to provide a safe working environment. The use of safety equipment and following safety protocols can reduce the risk of injury in the workplace. However, even with the best safety procedures, accidents can happen.
How Does the South Carolina Workers’ Compensation System Work?
Most employers in South Carolina must provide their employees with workers’ compensation insurance unless they have fewer than four employees or work in an industry exempt from workers’ compensation requirements, including agriculture and railroads. Therefore, nearly all workers are covered by workers’ comp.
Workers’ compensation is no-fault insurance. A worker does not need to prove negligence or fault to collect benefits.
Furthermore, workers can contribute to their injury and still receive workers’ comp benefits. The tradeoff for no-fault coverage is that an employee cannot sue their employer for damages except in rare cases when an employer intentionally caused a worker’s injuries.
Workers’ compensation only covers workers. It does not cover independent contractors. One of the problems some injured workers face is being misclassified as independent contractors by their employers.
What Benefits Can I Receive for a Workers’ Compensation Claim in Fort Mill, SC?
Workers’ compensation pays benefits to injured workers that include medical benefits and loss of income benefits. Injured employees are entitled to receive:
Medical Care
The workers’ comp carrier pays for your medical treatment. Examples of medical care include, but are not limited to:
- Emergency room fees
- Doctor’s bills
- Surgeries and hospitalizations
- Prescription medications
- Medical supplies
- Prosthetic devices
- Occupational and physical therapy
Your employer has the right to choose the medical provider for a workers’ compensation claim. If you choose to see a doctor not approved by your employer or its workers’ comp carrier, you may be responsible for paying the medical bills.
Loss of Income Benefits
If your work injury prevents you from working, you may also receive compensation for some of your lost wages. Temporary total disability benefits equal about 66 2/3% of your average weekly wages before your work injury. Disability benefits are subject to weekly maximum rates set each year.
Temporary partial disability benefits may be paid when your doctor releases you to perform light duty, but you do not earn as much as you did before the injury. The rate equals about two-thirds of the difference between your current average weekly wage on restricted duties and your wages before the injury.
Permanent Disability Benefits
If your work injury results in a permanent impairment, you could receive disability benefits for up to 500 weeks. Workers who suffer permanent brain damage or paralysis may be entitled to lifetime disability benefits.
Death Benefits
Workers’ compensation pays death benefits to a family member whose loved one died because of a work-related injury. The weekly rate is 66 2/3% of the worker’s average weekly wages for up to 500 weeks. The family may also receive reimbursement for funeral expenses.
Third-Party Claims for Workplace Accidents in Fort Mill, SC
You could have a third-party personal injury claim in addition to your workers’ compensation claim. If another party caused your injury because of negligence or intentional torts, you might be able to sue them. Third-party claims can result in substantial compensation because you can seek full reimbursement for all economic damages, and you can receive non-economic damages for your pain and suffering.
Examples of third-party claims for workplace injuries include, but are not limited to:
- A product liability claim against the manufacturer of a defective product
- A car accident claim against a driver who caused a car accident while you were on the job
- A premises liability claim against a negligent property owner if you are injured on their property
Our Fort Mill workplace accident lawyers evaluate your case to determine if you have a third-party claim. Note that you can file a third-party claim and still receive workers’ compensation benefits.
How Much Does It Cost To Hire a Fort Mill Workers’ Compensation Lawyer?
Our attorneys at Elrod Pope Accident & Injury Attorneys take workers’ comp cases on a contingency fee basis. You do not pay our law firm a retainer fee when you hire us for a workers’ compensation claim.
Instead, we are paid based on a pre-agreed percentage of the money we recover for your case. Further, you do not owe attorneys’ fees unless and until we recover money for your claim.
How Long Do I Have To File a Workers’ Compensation Claim in South Carolina?
Notify your employer of a workplace injury or accident as soon as possible. Failing to report an injury to your employer within 90 days could bar you from receiving benefits. Your employer is responsible for reporting your injury to the workers’ compensation insurance company, who then reports the injury to the South Carolina Workers’ Compensation Commission.
If your employer does not report your injury, you can file a Form 50 or Form 52 with the Workers’ Compensation Commission. Even though you have just 90 days to report the injury to your employer, you have up to two years from your injury date to file a claim for workers’ compensation benefits. However, if you are appealing a denied workers’ comp claim, you must file the appeal within 14 days of receiving the notice denying your claim.
When a workplace accident results in a third-party claim, the statute of limitations to file a personal injury claim differs. You have three years from the injury date to file a personal injury lawsuit according to South Carolina Code §15-3-530.
The deadlines in workers’ compensation cases are strict. However, there are some exceptions. For example, workers’ comp claims for occupational diseases or illnesses have different time limits. It is best to speak with one of our Fort Mill workers’ compensation lawyers as soon as possible if you are hurt at work or suspect you have contracted an occupational disease or illness.
Schedule a Free Consultation With Our Fort Mill Workers’ Compensation Lawyers
Filing a workers’ compensation claim can be overwhelming and time-consuming, especially when you are dealing with the pain and stress of a physical injury. You don’t have to do this alone. Contact us or call Elrod Pope Accident & Injury Attorneys at (803) 902-4045 to speak with an experienced Fort Mill workers’ compensation attorney.