If you’ve been injured on the job, under South Carolina law you may be entitled to workers’ compensation. Employers with four or more employees are required to carry this insurance to help with medical costs and lost income after injury. When employees become hurt after an accident on the job, they often think getting these benefits is easy. After all, it’s the very point of this type of insurance. Unfortunately, the process is often long and grueling, and workers soon learn getting compensation is not always so simple. It’s for the following reasons that anyone injured at work must speak to a Rock Hill workers compensation attorney.
The Insurance Company Doesn’t Want to Help
It’s sad, but true. After you’ve been hurt, the insurance company doesn’t always want to pay compensation. Instead, they want to keep more of their profits. To do this they will make various claims to hurt your case. They may say you aren’t really that injured, or that you didn’t comply with workers’ compensation law, such as seeing one of their approved doctors.
An attorney will ensure you always take the proper steps so you don’t do anything to hurt your claim. They will also hold the insurance company accountable for paying any compensation you are owed. If the insurance company continues to deny your claim, an attorney will also know how to file an appeal.
You May Have a Third-Party Claim
Workers’ compensation is no-fault insurance. This means even if you or your co-workers contributed to the accident, you can still receive compensation. Fault does not need to be determined. However, not every workplace accident calls for a workers’ compensation claim. These claims only cover accidents that involve you, or your employer’s other employees. If someone else caused the accident, you may have to file a third-party claim, which is a personal injury claim that doesn’t go through the workers’ compensation system.
For example, if you are a courier and you get hit by another driver while working, you would have to file a third-party claim. To do this, you must show that the other driver was negligent, or careless, and collect evidence against them to claim compensation. Third-party claims can become complicated very quickly. However, you also have more flexibility within them, and could receive more in compensation. For example, workers’ compensation does not provide benefits for pain and suffering. You can receive these damages through a personal injury lawsuit. An attorney will help establish liability and get you the full amount of compensation you deserve.
Speak to a Workers’ Compensation Attorney Before Filing Your Claim
If your accident happened at work, didn’t involve serious injury, and is not being fought by your employer or insurance company, you may not need a workers compensation lawyer. In any other instance, however, you do. At Elrod Pope Law Firm, we understand the complex workers’ compensation system in Rock Hill. We have the experience necessary to navigate it successfully, and get you the full amount of compensation you deserve. Call us today at (803) 599-3080 for your free consultation to learn more about how we can help.
Thomas E. Pope is a Personal Injury, Wrongful Death, and Medical Malpractice Attorney who practices in Rock Hill, Lake Wylie, and Lancaster, SC. He graduated from the University of South Carolina School of Law, and has been practicing law for 31 years now. Thomas E. Pope believes in protecting the injured. Learn more about his experience here.