Work related injuries cause tremendous havoc in your life. They can prevent you from working at all, prevent you from performing basic activities of daily living, prevent you from living a happy and productive life, and leave you with a lot of medical expenses in addition to challenges with paying your ordinary bills and buying groceries for your family.
Depending on the severity of your injury, and how fragile your financial circumstances are, this can really turn your life upside down. You might have to have several surgeries, lengthy rehabilitation therapy, expensive medications and medical procedures, and whatever savings you have might be quickly depleted in an effort to maintain your family’s lifestyle while you’re out of work. In the worst cases, a permanent and severe disability will impact the rest of your life. For this reason, you need the workers’ compensation benefits that you are entitled to from the workers’ compensation insurance of your employer.
There are some situations where you could be injured on the job and not entitled to compensation, but if your Chester, South Carolina workers’ compensation claim has been wrongfully denied, you need legal help, and the Elrod Pope Law Firm is here to give you the help that you desperately need in this difficult time.
Does Your Injury Qualify for Workers’ Compensation Coverage?
If you work for a Chester, South Carolina employer with four or more employees, who does not meet any legal exceptions to the rule, then you should have workers’ compensation coverage, regardless of whether you are a full time or part time employee, and regardless of how recently you started working on the job. If you are covered, then any work related injury should be covered, regardless of fault. The only exceptions are situations where you are considered to have been grossly negligent, such as cases where you were potentially intoxicated at work or where you were doing something outside of the scope of your employment when the injury occurred. This matters because if your workers’ compensation claim was wrongfully denied, you need to know why. If they suspect that you were intoxicated or that you were outside of the scope of your employment, then you will need to argue against this. If they suspect that your injury was not work related, or if you simply made mistakes in filing, then we need to know this, as well. We need to evaluate exactly why your claim was denied to determine whether or not you were wrongfully denied benefits and how to get the benefits you deserve.
What Benefits Should You Receive With Workers’ Compensation?
If we can prove that your claim was wrongfully denied and recover the compensation that you deserve, then you can receive compensation for some of the time that you were unable to work. This includes wage benefits, calculated at 2/3 of your average weekly wage, and medical benefits for all of your work-related injury medical needs. To get the medical benefits, you’ll have to be seeking treatment from a physician who is approved by the employer and insurance company. The only exception to this is when your injury was emergency and you had to seek care from the nearest hospital, right away. The emergency room visit will be covered, but from there, you have to seek treatment from an approved physician. If you want to get a second opinion, you’ll need to petition the workers’ compensation insurance provider to do so.
Your medical benefits will also cover any prescriptions and medical devices. You can even get coverage for your mileage to and from appointments if it is greater than ten miles, round trip. If you require surgeries, physical therapy, mental health treatment, or any other form of treatment that is directly related to your workplace injury in Chester, South Carolina, then you can get coverage for all of these expenses as well.
Avoid Making Mistakes When Filing for Workers’ Compensation Benefits
One common reason for a workers’ compensation claim to be denied is that mistakes were made when filing the claim. You might have waited too long to report the injury, or failed to report it in writing. Your employer might not have helped you to file the correct paperwork, and maybe, you didn’t know what forms were required. It is possible that the wrong information was included in that paperwork or that it was submitted past the deadline. You have 90 days to report your injury, though waiting to do so can make it difficult to prove that your injury was work related if anyone should question the nature of the injury. Failing to seek medical treatment quickly enough is another mistake that makes your claim arguable. If you avoid making mistakes when you first file for workers’ compensation, then your claim will likely be approved, and you won’t have to worry about appealing.
You Can Appeal When Your Workers’ Compensation Claim is Denied
Whether your claim was denied because of your own mistake, your employer’s mistake, or some other reason, you’ll be able to appeal the denial. You’ll need to understand why the claim was denied to effectively appeal and argue your case. For instance, if they say that your injury was not work related, you may need to gather evidence that it was. A Chester, South Carolina workers’ compensation attorney can help you to identify the reason for denial, gather the appropriate evidence, and appeal the decision to fight for the benefits you need.
Contact The Elrod Pope Law Firm for Help With Your Workers’ Compensation Claim
When you are struggling with the effects of work related injuries, you don’t want to have to fight over a denied workers’ compensation claim without help. It is challenging enough to get by when you are injured and struggling to make ends meet without trying to go it alone. Contact the Elrod Pope Law Firm for experienced legal advice and help with your Chester, South Carolina workers’ compensation claim. We will provide a free consultation and help you through every step of the process.
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.