Bobby Jones Law is a Greenville workers’ compensation lawyer representing injured workers. We pursue your compensation when the insurance company refuses to pay. We can handle your entire case to prevent errors and delays.
When you’ve been hurt on the job, your employer should pay your benefits. You’ve earned them. Unfortunately, employers don’t always do the right thing.
Contact us now for help from a Greenville workers’ compensation lawyer.
What Is Workers’ Compensation?
Workers’ compensation is the law in South Carolina that protects workers when they have been injured in the workplace. The law modifies traditional personal injury law for workplace injuries.
Workers’ compensation is the right of an injured employee to receive benefits when they’re hurt on the job. The worker must be injured in the course of employment and report their injury to their employer. By following the specific steps required, the injured worker may receive the benefits allowed by law without having to prove the employer is at fault for causing the injury.
What is the purpose of workers’ compensation?
Workers’ compensation allows injured workers to access medical care and replacement income relatively quickly and much faster than a personal injury lawsuit would allow.
Injured workers need medical care and often can’t work because of their injuries. The workers’ compensation system is meant to be fair to employees, minimizing the steps and hassles of the claims system.
Unfortunately, workers’ compensation claims can still be complex. The insurance companies don’t want to pay, and employers can make it difficult to claim benefits. You can have a Greenville workers’ compensation lawyer handling all aspects of your case.
Types of Workers’ Compensation in South Carolina
In workers’ compensation, the benefits the injured worker receives are determined by law. Based on your injuries and wage loss, you can claim the benefits for which you qualify.
Generally, benefits fall into three categories: medical care, replacement wages, and disability compensation.
Medical treatment—your rights and responsibilities
Injured workers may receive medical care at no cost, but must receive care from the healthcare provider chosen by the employer. Medical care should effect a cure, give relief, or reduce the period of disability. It may include medical, surgical, hospital, and other treatments. The worker must attend all medical appointments and comply with their care plan.
Temporary disability—if you can’t work
If injuries prevent the person from working, they may receive replacement income. Income is 66 2/3% of the person’s average weekly wages before the injury. There is both a maximum weekly amount and a maximum number of weeks paid. Partial disability may be paid if the person can work in a limited capacity.
Disability compensation—when impairment is permanent
Even with medical care, a person may become permanently disabled because of their injuries. The injured worker may claim disability pay based on a rating system that evaluates permanent injury. The person’s average weekly wage before injury also factors into disability compensation.
Am I Getting the Benefits I Deserve?
An important reason to work with a lawyer for workers’ compensation is to make sure you’re getting the benefits you deserve. A lawyer can pursue medical care and follow procedures that are appropriate for compensation for your injuries. They can evaluate your average weekly wage, calculate temporary disability benefits, and ensure your disability benefits are rated correctly.
Workers’ Compensation Denied? Get a Lawyer.
Remember, the insurance company isn’t on your side. If your workers’ compensation has been denied, don’t give up. Contact Bobby Jones Law to talk to a Greenville workers’ compensation lawyer. The insurance company makes its profit when it collects premiums, so it wants to pay as little as possible.
A lawyer can help you make the employer do what’s required of them. A lawyer can also represent you in taking your case to a hearing, negotiating with the insurance company, and creating a settlement that reflects your best interests.
What if my medical care is denied?
If the insurance company denies medical care, there are things you can do. You can request a second opinion through the employer. You can also appeal the denial to the Workers’ Compensation Commission. A lawyer can help you take the steps and gather the evidence you need. Note: The employer can ask for an Independent Medical Examination (IME).
Fault and Workers’ Compensation Claims
Workers’ compensation benefits don’t depend on who is at fault. The accident doesn’t have to be the employer’s or anyone else’s fault. But the injured worker must prove they were hurt in the course and scope of employment. There are some disqualifications, such as purposeful injury and intoxication.
When To Contact a Workers’ Compensation Lawyer in Greenville
The best time to contact a workers’ compensation lawyer is:
- Right away when you’re hurt on the job
- If the employer doesn’t take you seriously or won’t take your report
- If you need help filing for benefits
- When the insurance company denies your claim
- After medical benefits have been refused or minimized
- When you need to know if your payments have been calculated correctly
- At any difficult point in your case
- When you need answers to your questions and legal help
Bobby Jones Law is a Greenville workers’ compensation lawyer who can help at any stage of your case. The best time to contact us is when you’re hurt or as soon as you think you may need legal help. Consult with a lawyer and see how attorney Bobby Jones can help.
Understanding Workers’ Compensation Laws in South Carolina
Workers’ compensation laws in South Carolina are supposed to give injured workers fast access to benefits.
You don’t have to prove that your employer was at fault in causing the accident. Benefits include paid medical care. Replacement income may be paid if you’re unable to work. You may also be paid for bodily impairment due to workplace injury. These claims are usually handled through insurance policies held by employers.
Getting benefits isn’t always easy. There are things you must do to seek your benefits and things you can do if the insurance company refuses to pay you fairly.
A workers’ compensation attorney can represent you.
Why have an attorney for my workers’ comp case?
Should I hire a workers’ comp attorney, or should I handle it myself? A workplace injury can be life-changing. But sometimes, employers try to avoid responsibility to their injured workers. Unintentional mistakes in the claims process can also prevent you from getting the benefits you deserve.
It is important that you get it right to receive everything you’re entitled to. Your attorney can identify things that are important and work to maximize your benefits. See how an attorney can help you by contacting Bobby Jones Law for your consultation.
Common Workplace Injuries Covered by Workers’ Compensation
- Back pain, slipped disc, spinal cord damage
- Brain trauma, concussion
- Organ damage, blunt force trauma, broken bones
- Cuts and bruises
- Burns, electrical injuries
- Hearing loss
- Repetitive stress injury
- Toxic exposure, occupational illness, disease
- Heat stroke, cold and hot weather injury
- Overexertion, body strain
A workplace injury can happen because of a slip and fall, contact with equipment and tools, jostling of crowds, motor vehicle accidents, electrical malfunctions, and workplace violence.
Injuries that occur on the job or in the course of employment should be covered by workers’ compensation. There are a few exceptions, and a lawyer can explain the law and what benefits you deserve.
What To Do If Your Workers’ Compensation Claim Is Denied
If your workers’ compensation claim is denied, read the denial letter carefully. Does it say why your claim was denied? What reasons did they give for denying your claim?
You may be able to provide more information, such as additional medical documentation, and ask them to reconsider. You can take your case to a hearing or appeal an unfavorable result, but there are steps you must take to continue to pursue your benefits after denial.
Have your workers’ compensation benefits been denied? If so, please contact Bobby Jones Law to see how we can help.
Why Choose Bobby Jones Law
- Experienced: In hearings, trials, and settlement negotiations
- Track record of success: A history of success litigating on behalf of our clients
- Peer honors and awards: Recognition in the legal profession for outstanding representation, including Super Lawyers and Expertise.com
- Knowledge: In-depth knowledge of South Carolina workers’ compensation laws and how to advocate for injured workers
- Attention to detail: Get personalized representation for your case
- Passion for handling complex cases: No case is too great for us
- Greenville lawyer: We’re familiar with the local claims process
- Free case consultations: You have nothing to lose by talking to a lawyer
Bobby Jones Law is a legal practice that focuses on people. We’re proud to be a trusted advocate that you can depend on when you need an attorney for an on-the-job injury.
The Role of a Greenville Lawyer in Navigating Complex Claims
Each step in a workers’ compensation case may be critical to the outcome. The role of a Greenville lawyer in navigating a complex claim is to:
- Identify: What makes the case complex? What problems might the person encounter?
- Pursue: What steps must be taken to pursue the case? How should the paperwork be prepared, filed, and served?
- Advocate: How can the attorney maximize compensation for the worker, given the law? How can they minimize the strain of the legal process?
- Represent: If the case goes to a hearing, how should it be presented? What evidence should be prepared?
- Strategy: What will work best for this case? How should unique issues be addressed in the best interests of the client?
A Greenville workers’ compensation lawyer is knowledgeable and experienced. It’s their job to know what you don’t know and make sure you consider all the factors that may be important for your case.
How a Lawyer Can Help Maximize Your Workers’ Compensation Benefits
A lawyer can evaluate what benefits you should receive. They have the experience and training to know what must happen to receive your benefits. Without a lawyer, you may not know what benefits you deserve or the important steps that you must take.
At Bobby Jones Law, we address:
- Medical benefits
- Temporary disability payments (total and partial)
- Impairment ratings and pay
We can help you claim benefits or challenge a denial.
In addition, your lawyer guides you, negotiates on your behalf, and explains things to consider. If you have a hearing, they prepare with you and represent you, helping maximize your benefits.
The Importance of Legal Representation in Workers’ Compensation Appeals
Bobby Jones Law can provide legal representation in a workers’ compensation appeal. If an initial claim is unsuccessful or if it does not fully reflect the benefits that should be awarded, it’s important to evaluate the case. A lawyer can identify the necessary questions and what must be corrected to make your case a success.
Contact an Experienced Greenville Workers’ Compensation Lawyer
Have you been injured on the job? Contact an experienced Greenville workers’ compensation lawyer at Bobby Jones Law today. Our law firm is taking new cases now.
Workers’ Compensation FAQs
Is Workers’ compensation the same as personal injury?
No. The workers’ compensation system is limited to employers and employees. The employee doesn’t have to prove who was at fault for the accident. In fact, the employee may have even contributed to their own accidental injuries. The workers’ compensation system starts with filing a claim through insurance, rather than filing a case in court. There are administrative hearings before a case that can be appealed to a traditional courtroom.
My employer keeps talking about workers’ compensation insurance. What is that?
Most employers have insurance to pay workers’ compensation claims. So it probably won’t be your employer paying your compensation directly. It is possible for a South Carolina employer to self-insure, but they must meet requirements to be approved by the SCWCC as a self-insurer.
Do pre-existing conditions matter in a workers’ compensation claim?
A pre-existing condition shouldn’t stop you from receiving workers’ compensation, but it may impact the benefits you receive. You may receive benefits, including medical care, to the extent your condition is made worse. In addition to affecting your benefits, a pre-existing condition may be relevant in a determination of whether you’re able to accept work.
What if I have two jobs? How does that impact workers’ compensation?
The employer where the injury happened is who pays your benefits. But in South Carolina, wages from all jobs are included when determining your temporary total and partial disability income. If you’re still working one of your jobs after your injury, the amount you receive will be deducted from your workers’ compensation wages.
How do I start a workers’ compensation claim in South Carolina?
Report your injury to your employer within 90 days. The employer should report it to the South Carolina Workers’ Compensation Commission, but you can also report it to them.
Reporting your injury should be enough to start the workers’ compensation process. Use Form 50 – Employee’s Notice of Claim and/or Request for Hearing to preserve your right to benefits and request a hearing. You have two years to file Form 50.
What form do you use for workplace death in South Carolina?
Use Form 52 – Claimant’s Notice of Claim and/or Request for Hearing, Death Case.
What if the initial hearing didn’t go well? Can I appeal?
You have 14 days to appeal the decision of a single commissioner. The appeal goes to a panel of commissioners. Use Form 30 – Request for Commission Review. Appeals from the full commission or a three-person panel must be filed with the Court of Appeals within 30 days.
