What You Should Know Before Hiring A Worker's Comp Lawyer

[Transcript]

Hi, my name is Kenneth Berger, and I handle workers' compensation cases throughout the Grand Strand area and, in fact, across South Carolina. So, workers' comp can be a pretty confusing system, especially if you haven't dealt with it before. The big thing to know is that workers' comp is supposed to cover all your medical expenses related to your work injury and also your lost wages. That's, that's the law, okay? Unfortunately, and if you're watching this video you probably already know this, the insurance companies don't always uphold their end of the bargain. You may have heard, "Get, you know, this accident might have been your fault." What they don't tell you is South Carolina's a no-fault state, so if you got hurt at work, regardless of whose fault it was, you can still bring a workers' compensation claim, all right?

Another thing to realize is that if you're dealing with an insurance company that is either refusing to get you the medical care that you need, is refusing to get you to the right doctors in a timely fashion if they're not getting you the weekly checks that you're supposed to receive if you're out of work, if they're not getting you those checks on time, or if they're not discussing with you the fact that you're supposed to get a settlement on top of that at the end of the case, then they might not be upholding their end of the bargain. Likewise, you may have an employer who's saying, "Look, we don't need to file this with workers' comp. We'll cover your medical bills. We'll make sure you get taken care of." In some instances, that can work, but if you've got injuries that are truly threatening your ability to work or to go back to work anytime soon, our experience has shown that your employer oftentimes will at some point say, "We're not going to cover those medical bills anymore. We're tired of paying you for the time you're out of work."

Bottom line: if you've been knocked out of work, if you've got an injury that, again, is threatening your ability to make a living today and into the future, I would strongly encourage you to, at a minimum, speak with a lawyer. Workers' comp is supposed to cover your medical needs - past, present, and future - relating to your injury. You're supposed to be provided with checks during the time you're out of work, and at the end of your case, you're supposed to be provided with a settlement that accounts for, again, any type of permanent impairment or disability. These aren't always things that insurance companies and employers tell workers in Myrtle Beach, but they're things that you should know.

If you have any additional questions about the workers' comp system in South Carolina, reach out and let us know how we can help. You can contact us right here on the website through the live chat or contact form. You can also pick up the phone and call us. Know that we're here to answer your questions, to give you a little bit of peace of mind, and to let you know that you are not alone when it comes to the workers' comp system.

6 Things Injured Workers in South Carolina Should Know

When considering filing a workers’ compensation claim, our South Carolina workers' compensation lawyer highlights that you should know these six important facts:

1. Workers’ compensation is your legal right as a hard-working South Carolina resident who was injured on the job.

You should never be afraid to claim workers' compensation benefits after being injured at work. Instead of feeling as if you are "causing trouble,” it’s important to educate yourself on your rights as a worker and what benefits you should expect if you are hurt on the job. If handled correctly, these benefits may include medical care, lost-wage benefits, and permanent disability compensation to employees who have been injured on the job.

2. South Carolina is a no-fault state.

This means that it generally doesn't matter who is at fault for causing your injury. In South Carolina, even if the accident was your fault, you are likely still entitled to workers' compensation coverage. A workers' comp claim isn't about determining negligence and fault, it's about making sure an injured worker is cared for properly. There are, however, situations where someone may be denied benefits if he was intoxicated, engaging in horseplay, or intentionally hurt himself.

3. Your employer won’t pay your claim – his/her insurance company will.

Some injured employees are hesitant to file a claim because they don’t want to put a financial burden on their boss. However, if your employer has more than four employees, they are legally required to carry workers’ compensation insurance, which will cover the costs of your claim.

4. You are required to notify your employer of your injury within 90 days.

In South Carolina, you are required to report your injury to your employer within 90 days of knowing that your injury is work-related. For example, if you’ve suffered a repetitive motion injury, like carpal tunnel or a herniated disk, from repeating the same motion at work for weeks or years on end, the 90-day period would begin as soon as you learned that your injury was related to work.

5. Workers’ comp cases have a 2-year statute of limitations.

This means you have up to 2 years to file a workers’ compensation claim with your employer after the injury took place. However, in order to file a claim, you still must report the injury to your employer within 90 days.

6. Most South Carolina workers’ compensation lawyers offer free consultations.

It never hurts to call a workers’ comp attorney for a free consultation to ensure your rights are protected and that you are being treated fairly. I do not represent people unless I think they will benefit from my knowledge and skills. Even if I don’t take your case, my office will gladly take time to answer your questions at no charge and send you a free copy of my book, Your Guide to South Carolina Personal Injury and Workers' Compensation.

Do I Need to Hire a Workers’ Compensation Lawyer?

Whether or not you need a workers' comp lawyer after being hurt at work will largely depend on the severity of the injury and how you're being treated by your employer and its insurance company.

You Likely Do Not Need a Workers’ Comp Lawyer If…

• You suffered minor work injuries that require minimal treatment, and do not prevent you from working;
• Your employer’s insurance company is covering your medical bills and authorizing necessary medical care;
• You are receiving your workers’ comp checks in a timely fashion; and
• The insurance company is offering to fairly compensate you for any impairment or effect on future earnings.

You Should Consider Hiring a Worker’s Comp Lawyer If…

• The insurance company is dragging its feet, intentionally elongating the process;
• Your employer and/or its insurance company refuses to send you to the proper doctor;
• You suffered a serious injury while working (the injury caused permanent impairment or will require future medical treatment, requires surgery, or prevents you from returning to work); or
• The insurance company fights to pay you less than the law entitles you to receive.

If you’re not sure if you would benefit from hiring a lawyer, consider scheduling a free consultation. The attorneys at our Columbia, SC, workers’ compensation law firm will listen to the facts of your case and provide honest guidance about whether you would benefit from legal representation.