After suffering a workplace injury, most employees in South Carolina are able to claim workers’ compensation benefits. In order to do so, you’ll need to go through the insurance company of the employer. Many workers think that because they’re dealing with an insurance company, and because workers’ compensation in South Carolina is no-fault, they don’t need to hire a Rock Hill workers’ compensation attorney. This is true in some situations. In others, though, you shouldn’t even think of going it alone.
When You May Not Need a Lawyer
Many workers’ compensation cases don’t require the help of an attorney. If all of the following statements are true, you can likely represent yourself in your claim.
- The workplace injury you suffered was very minor.
- Your employer agrees that the injury occurred at work.
- You missed very little work due to the accident.
- You do not suffer from a pre-existing condition in the same area of the body that was injured.
These claims are typically not very complicated. However, many attorneys offer free consultations so even if you don’t think your claim will present many challenges, it doesn’t hurt to speak to an attorney initially. They can alert you of any complications that may come up in a claim, and give you a brief overview of the process.
When You Should Hire a Lawyer
While workers’ compensation claims sound fairly straightforward, they can suddenly become very complex. The minute your case becomes complicated by any of the following scenarios, you should speak to a Rock Hill workers’ compensation lawyer.
- Your claim is denied: Often, employers and insurance companies will deny a claim simply because they don’t want to pay compensation the employee needs. Insurance companies would rather keep their profits, and employers are concerned their rates will increase. An attorney can help you through the process of filing an appeal.
- The settlement offer is too low: For the same reasons employers and insurance companies may deny a claim, they may also offer an unfair settlement that doesn’t fully cover the cost of the employee’s expenses. An attorney will advise on a fair amount, and help you get it.
- You’ve suffered a permanent disability: Being some of the most expensive claims, insurance companies are particularly reluctant to pay out on these.
- You need a second opinion: It is a process to get a second medical opinion in a South Carolina workers’ compensation claim. An attorney can help you request one properly, and prepare you for any possible hearings before the South Carolina Workers’ Compensation Commission.
- Your employer retaliated: Employers are not allowed to punish or retaliate against, injured workers who file a workers’ compensation claim. Upon your return to work, you must be given the same or similar position with the same pay you received before your injury. If your employer does not grant this, an attorney will help uphold your rights.
These are just a few of the complications that often arise in workers’ compensation claims. When they do, you need the help of a knowledgeable workers’ compensation attorney in Rock Hill.
Call Our Rock Hill Workers’ Compensation Attorneys for Help with Your Claim
If you’ve been injured at work and have a complex case or feel you are not being treated fairly, call an experienced Rock Hill workers comp attorney at the Elrod Pope Law Firm, P.A. We will hold insurance companies and your employer accountable for paying the benefits you are rightfully owed, and ensure your claim goes as smoothly as possible. Call us today at (803) 599-3080 for your free consultation so we can start discussing your case.
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.