How to Fight S.C. Workers Compensation Denials
South Carolina requires anyone employing four or more people to carry workers compensation insurance. Workers compensation is a critically important protection for workers and job providers alike. It helps to pay the cost of injuries to workers while protecting employers against costly legal fights and potential judgments that might bankrupt them and put them out of business.
Any employee whose work duties cause that worker to suffer illness, injury or death is eligible for a workers compensation claim. The idea is to protect the worker and his or her family against the costs of workplace injuries – even in the event of a permanent disability or death. If you are a worker who is injured on the job and accept workers compensation benefits, you voluntarily give up your right to sue your employer for damages.
What Workers Compensation Covers
When a worker suffers an injury, illness or death while on the job, a workers compensation claim helps to cover the medical costs. Workers compensation also provides a level of weekly compensation based on the worker’s earnings until that worker can resume work duties. Instead of a worker losing employment and having to search for another job while recovering from the workplace injuries or illness. Finding a job while recovering from injuries suffered during the prior job certainly could render someone virtually incapable of finding work.
Workers compensation also provides significant benefits for the job provider. Instead of lowering a skilled and fully trained worker, the workers compensation makes it possible for that worker to recover and return to full work capacities. That saves the employer from having to hire and train a replacement worker who might not be as capable as the injured worker while also protecting job providers against costly lawsuits and potential court judgments.
Ultimately, workers compensation provides dual protection for workers and job providers alike with the state acting as an initial impartial jury and judge when disputes arise. A dispute could arise for many reasons, but the most common is an employer claiming the incident is not work-related. If you suffer a workplace injury and the insurer denies coverage, a workers compensation lawyer Greenville, SC, could be your key to unlocking the deserved compensation.
Legal Remedy for Workers’ Compensation Claims Denials
The South Carolina Workers’ Compensation Act provides a mechanism to resolve conflicts between injured workers and their employers or the employers’ respective insurers. The extent of injuries suffered, their causes and costs often wind up at the heart of most workers compensation claims conflicts. The South Carolina Workers Compensation Commission oversees and resolves workers compensation claims conflicts among insurers, employers and injured workers.
Workers who find themselves in conflicts over their legitimate workers compensation claims could benefit greatly from skilled and experienced legal representation. An experienced workers compensation lawyer Greenville, SC, workers can count on to help them to build and present the strongest legal arguments is a true asset. While no outcomes are guaranteed, an attorney who knows current law and how to apply it can help injured workers obtain their due compensation.
Do I Need a Workers’ Compensation Lawyer?
If you’ve been injured at work, a workers compensation lawyer in Greenville, South Carolina can help you get the financial compensation you need. Workers’ compensation claims get filed every day, and in most cases it’s an open-and-shut case. Most people receive an adequate amount of money for their medical care and lost wages, but others aren’t so lucky.
Workers’ compensation is an important lifeline for those who need to take time away from the office in order to heal properly. It can go a long way towards covering your medical costs, and it can also compensate you for a portion of any wages you might have missed while away from the workplace. But what happens when getting workers’ compensation isn’t as easy as it should be?
Workers’ Compensation Difficulties
A work-related injury is difficult enough to deal with when there aren’t overwhelming bills getting in the way. Without any financial safety-net, you could be paying for expensive procedures and doctor’s visits out of pocket, while missing out on paychecks that you were using to keep yourself afloat.
Unfortunately, there are many instances in which people might not receive their workers’ compensation payouts without fighting for the money they’re owed. In some cases, an employer refuses to acknowledge that an injury occurred in the workplace, or the injured employee may feel intimidated out of seeking their compensation.
In the event of a work-related accident, it’s important to get medical care as soon as possible, and to inform your managers about the injury. When you pass on this information, make sure you get proper documentation for the accident – many companies file accident reports that are essential for your records, and the company’s. This information is necessary for claiming workers’ compensation, and it can place your employer in legal hot water if they obstruct your ability to get the medical care you need. Do you have a workers’ compensation lawyer in Greenville, SC that you can trust?
If you were injured at work, you should always remember that there is a deadline for reporting your injury. It varies depending on states, but in South Carolina you have up to 90 days to report an injury, and two years to file a claim. This may seem like a long time, but it can go by in the blink of an eye if you’re focusing on your recovery and your employer is rushing you to get back to work.
Contact Poliakoff & Associates, P.A.
At Poliakoff & Associates, P.A., we don’t think anyone should be intimidated out of the financial compensation they deserve. Whatever the nature of your injury, you should be allowed to seek workers’ compensation – and possibly even sue your employer if they were grossly negligent.
A work-related injury has the potential to completely upend your life, and depending on the severity of your injury you may not be able to return to your job in weeks, months, or even years. Workers’ compensation is your lifeline, and you shouldn’t sacrifice your chance at compensation – no matter what your employer might say.
If you’re having difficulties collecting workers’ compensation, reach out to Poliakoff & Associates, P.A. today, and see how a workers’ compensation lawyer in Greenville, SC can help you rebuild.
Can I file a workers’ comp claim for COVID-19?
COVID-19 has turned our world upside down, and it has many people seeking a workers’ compensation lawyer in Greenville, South Carolina.
While many of us have had to adjust to working from home, many people had to continue to clock in for work as if nothing had changed. For those who didn’t get the luxury of remote work, punching in and out every day was a bit of a gamble, and even with the most strict guidelines in place, people still got sick.
COVID-19 is a life-threatening illness. You’ve seen it on the news and on the internet, and you know what it can cause and who is most at risk. A COVID diagnosis means potentially costly medical bills, isolation from work, and even the very real possibility of death. With this in mind, it’s important to consider your next moves if you’ve contracted COVID from the workplace.
Did your employer follow CDC guidelines?
If your employer followed all CDC guidelines in an effort to keep everyone safe from COVID-19, chances are you’ll only be able to file a workers’ compensation claim. However, workers’ compensation claims related to COVID-19 are subject to extra scrutiny.
You’ll have to prove that you contracted the virus when you were at the workplace, or while you were carrying out work-related duties outside of the workplace. You won’t be able to file a COVID-19 workers’ compensation claim if you were clocked out for lunch and grabbing a bite to eat when you contracted the virus, but if you were using the bathroom in the office or were traveling for work, you’ll have more luck with your claim.
There is another challenge for those seeking to file a COVID-19 workers’ compensation claim: They need to prove when they first caught the coronavirus. This can be challenging, as it involves retracing your steps and proving that nobody but your coworkers came in contact with you when you caught COVID-19. Fortunately, a workers’ compensation lawyer in Greenville, SC, can help you investigate your case.
What if your employer was negligent?
Employee safety should always be the top priority of an employer, and if they failed to consider your safety (and the safety of your colleagues) during the pandemic, you can hold them accountable if you contracted COVID-19. Aside from a workers’ compensation claim, you may even be able to sue them for gross negligence: After all, they had a responsibility to keep you and your coworkers safe, and they failed to maintain that responsibility by ignoring established CDC guidelines.
Reach out to Poliakoff & Associates, P.A. today.
If you contracted COVID-19 in the workplace, you shouldn’t have to suffer alone through expensive medical bills and the battle for recovery. If you contracted COVID-19 because you were clocking in for work, you shouldn’t lose all those hard-earned paychecks. Instead, you should reach out to Poliakoff & Associates, P.A., and see how we can help you with your workers’ compensation claim.
COVID-19 has turned the whole world upside down, and it’s still a danger in the workplace. If you would like more information on how to file a workers’ compensation claim (for COVID-19, or any other work-related injury or illness), reach out to a workers’ compensation lawyer that Greenville, SC can trust, and get in touch with Poliakoff & Associates, P.A. today.
Common Worksite Injuries
Some job sites are more dangerous than others, so you should stay in contact with a qualified workers’ compensation lawyer in Greenville, South Carolina in case of any injuries. Depending on your profession, you could be at greater risk than serious injury, and if you work around heavy machinery, you’ll want to make sure you can be fully compensated if the worst should ever happen.
Construction sites are full of hazards. If you work in construction, you should keep an eye out for these injuries: This definitely isn’t a complete list of the types of injuries you can experience on the job, but these are some of the more common examples.
It can be frustrating to experience an injury on a job site, especially if your injury was completely preventable. Your employer should take responsibility for any kind of injury you experienced while on the clock, but if they neglected to keep you safe, it could be time to reach out to Poliakoff & Associates, P.A.
Construction Injury? Contact Poliakoff & Associates, P.A.
A work injury can seriously affect your life. Not only will you be battling with insurance companies for money you’d need for recovery, you’ll also be missing out on important paychecks you were using to keep yourself afloat. Mortgages, rent, utilities, and more – unfortunately the bills don’t stop just because you were hurt.
At Poliakoff & Associates, P.A., we don’t think you should be left to sink under debt and medical bills – especially if you were hurt on the job. Reach out to us today and see how a workers’ compensation lawyer in Greenville, SC can help you fix your future.