Workers’ Compensation FAQ
Lourie Law Firm Can Answer Your Questions
If you’ve been injured at the workplace, you may not know what to do next. It’s common to have a lot of questions. The workers’ compensation attorneys at Lourie Law Firm can help you with the answers to workers’ compensation FAQ. We fight for the rights of workers who are injured on the job.
Here are some of the questions we frequently receive from clients regarding workers’ compensation claims. To speak with one of our experienced attorneys about your claim, contact us for a free consultation. We will be happy to discuss your options and potential next steps.
You are not required to have a lawyer to file a workers’ compensation claim. But it’s always a good idea. Workers’ compensation claims are complicated and the procedure does not always go smoothly. There are deadlines that need to be met and the right paperwork must be submitted. You may be sent to a doctor who does not take your injury or condition seriously. If your claim is denied, there is an appeals process which can also be complicated. We encourage you to speak with one of our dedicated team members. Lourie Law Firm offers free consultations with one of our experienced attorneys, who will be glad to discuss how we can help you.
South Carolina’s workers’ compensation program is set up to pay benefits to workers who are temporarily or permanently unable to return to their job due to a workplace injury. This covers medical treatment, including doctors’ visits, physical therapy, prescriptions, and surgery. If you are unable to work because of your injury or condition, you are considered “temporarily totally disabled.” And you are eligible to receive some of the wages you would have earned had you been able to work. You may also be eligible for permanent partial disability or total disability payments, dependent on the severity of the injury. However, actually collecting those benefits can be difficult. The workers’ compensation attorneys at Lourie Law Firm fight to make sure eligible workers get all the benefits they are eligible to receive.
Usually, no. As part of workers’ compensation laws, workers can collect benefits for a workplace injury or illness, but give up the right to file a personal injury claim against an employer. But if a third party’s negligence caused the accident that resulted in your injury, you may be able to take legal action against that party. In some cases, legal intervention may be needed against an employer following a workers’ compensation claim due to violations of employment law. For example, if your employer retaliates against you for filing a claim, you may have grounds to take legal action against them.
In general, you still have the right to file a workers’ compensation claim. Workers’ compensation is a “no-fault” system, which means you are still entitled to benefits even if your own negligent actions caused your injuries. You only need to prove that you were injured while on the job. However, there are some exceptions. If you were injured because you were under the influence of alcohol or other drugs, you may not be able to collect benefits. Your claim may also be denied if it can be shown that you failed to follow proper safety procedures set by your employer.
That depends on the extent of your injuries and the nature of your job. If you recover from your injury or condition and are still able to perform your job, your employer is required by law to make a position available for you. If it is determined that you are able to return to work on a “light duty” basis, you are required to accept those lighter duties in order to continue to receive benefits. If you disagree with this decision, you have the right to appeal. You may also be able to continue to receive some benefits if you accept “light work” before a doctor has fully discharged you.
In order to be eligible to receive benefits, you must see a doctor selected by your employer or your employer’s insurance company. You can continue to see your own doctor in addition, at your expense. This can help you receive a second opinion about your injury or condition and the recovery process. If you disagree with the decision made on your claim, you can appeal to have your own doctor’s opinion considered.
Yes. All workers, full-time and part-time, are covered under workers’ compensation laws in the state of South Carolina. If an employer claims you are not eligible for workers’ compensation because you are part-time, call Lourie Law Firm. Our experienced attorneys will stand up for your rights and move your claim forward.