From the seemingly minor to the catastrophic, workers' compensation insurance covers a wide variety of physical injuries, ailments and illnesses. Our attorneys can help you review the state's literature and resources pertaining to workers' comp, and then help you pursue maximum compensation. To learn more, please call Whetstone Perkins & Fulda at 803-799-9400.
Is My Work Injury Covered?
In South Carolina, workers' compensation law applies to most types of injuries, such as:
- Repetitive stress injuries
- Brain injury
- Spinal cord injury
- Amputation/loss of limb
- Lung cancer
These are just some of the examples. There are many others. In your free consultation with our attorneys, we have the resources to determine whether your injury qualifies for benefits. Then, we will work to maximize the amount of money you can recover for your work injury. After all, you should not have to deal with extreme financial burdens on top of the pain and inconvenience of your injury.
How can a work accident be proven?
Demonstrating that your injury occurred at work is the key to a successful workers’ compensation claim. Fortunately, there are several ways to prove a work accident. Your best option is to gather evidence to support your claim, such as:
- Pictures of the scene and your injuries
- Witness testimonies
- Security camera footage
- Time clock records
- Documentation from your doctor
- Prescriptions needed to manage injury pain
- Records of your formal injury report to your employer
- Remember that even with this evidence available, your employer and its insurer may still attempt to minimize or deny your claim. You can count on our attorneys to protect your right to compensation.
Who pays for a work accident injury?
In most cases, workers’ compensation insurance pays qualified employees for lost wages, medical bills, and other expenses related to a work accident injury. You cannot sue your employer over workplace injuries except for very rare circumstances such as asbestos exposure.
Sometimes, injured workers can recover additional compensation through a third-party liability claim. For example, if you suffered injuries caused by a defective product in your workplace.
How long does a work accident case take to resolve?
Workers’ compensation claims should be processed quickly so that you start receiving benefits. Our attorneys will make sure that your paperwork is accurate to prevent delays in this process. We can also anticipate and respond to any potential roadblocks that may keep you from collecting compensation on time. Work accident lawsuits are another matter entirely.
It can take anywhere from several months to several years to resolve a lawsuit depending on the details of the incident. However, the compensation can far exceed what is available through workers’ compensation.
Who can file a work accident lawsuit?
You may have grounds to file a work accident lawsuit if your injury was caused by someone other than your employer. For example, if you were hurt because of defective equipment, you may be able to file a lawsuit against the equipment’s manufacturer. In order to recover compensation, you must prove that a third party’s negligence was directly related to your accident or injury.
Keep in mind that work accident lawsuits can be complex. Your employer and its insurer may be permitted to become parties in your lawsuit to recover damages for themselves. Our attorneys have experience litigating these matters and can answer any questions you may have.
How are the attorney fees for a work accident determined?
Attorney fees for a work accident can vary depending on who you chose to represent you. At Whetstone Perkins & Fulda, LLC, we operate on a contingency fee basis. That means that our fees are calculated and deducted after recovery. No fee or expenses are required unless a recovery is obtained. Schedule a free case evaluation to learn more about our fee agreement.
How is compensation for a work accident determined?
The compensation you will receive for your work accident is determined based on several factors. Those factors include the severity of your injury, if you miss time from work, and if you receive an impairment rating. Our attorneys can help determine if you are being fully and fairly compensated. In general, you are entitled to payment for all necessary medical treatment related to your injury.
You should also receive compensation at the rate of 66 2/3 percent of your average weekly wage based on the four quarters prior to your injury. If you were working more than one job at the time of your accident, those wages may be included in compensation calculations.
- "Great experience overall having John Eric Fulda as my attorney. He is a excellent attorney who really goes above and beyond for his client. He is very insightful and is an expert in his field. Truly a professional and marvelous individual." - C.A.
- "Awesome firm. Will was very professional and vested in making sure we were compensated fairly. I would definitely use and recommend them to anyone in need of legal services. Thank you Will for all you've done...you've exceeded my expectations!" - T.M
- "Greatest firm ever!! From the beginning of my accident until the end, they treated me like family. Always had my best interest at heart, I’m forever indebted to Will and his family. Best recommendation if you got into an accident and you need someone to cover your case. They are the ones you see." - A.V.
Deciding What to Do Next
Although you can file for workers' compensation benefits on your own, you should seriously consider hiring our attorneys to advocate for you. The seemingly endless amount of paperwork can be handled by our attorneys. Plus, we already know how the system works, so we can anticipate obstacles and issues on the path to recovering compensation and advise you accordingly.
Depending on the nature of your injuries, compensation may be provided for things such as proper medical care, surgery, rehabilitation and replacement of lost wages. You deserve to have the adequate medical care you need to make your best possible recovery. Workers' comp exists to help you access such medical care for injuries related to your job duties.
To schedule a free consultation in South Carolina, please call Whetstone Perkins & Fulda, at 803-799-9400 or contact us online today. We serve areas across the state, including Myrtle Beach, Kingstree and Columbia.