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If you were seriously hurt or lost a family member in an on-the-job accident, our workers’ compensation lawyers in Greenville can help you determine if you are entitled to benefits. Our attorneys have handled thousands of these cases, and we are well-versed in the relevant statutes, case law, and procedures.
There are many reasons why an employer or insurance company might dispute a workers’ comp claim. They may try to say that the injury happened outside of work, that it wasn’t work related, or that you are seeking compensation for a pre-existing condition. Our lawyers have extensive experience overcoming these disputes, and we can help you compile the evidence needed to build a strong claim.
If your workers’ compensation claim has been denied, we can help you navigate the appeals process. To speak with a member of our team in a free, no-obligation case review, call (864) 585-3873.
Even if you are certain that you are entitled to benefits, you should never assume that your claim is guaranteed to be approved. Mistakes and oversights you make in the aftermath of an accident could leave you facing a dispute. As such, it pays to be vigilant while your claim is pending.
Our Greenville workers’ compensation attorneys can explain your responsibilities as a claimant and guide you step by step through proceedings. Below are a few mistakes you will want to avoid to improve your odds of a successful outcome:
Failing to Notify Your Employer: Injured employees who wish to pursue workers’ compensation benefits are required to notify their employer of the accident within 90 days.
Delaying the Medical Visit: With so much on your plate after a serious injury, it can be difficult to find the time to see a doctor—especially if you don’t think you need emergency medical care. However, skipping or delaying this crucial step could harm your case. Some serious conditions worsen without treatment. If delaying medical care aggravates your injury or prolongs the recovery, the opposing party may argue that you have failed to mitigate damages and are at least partially liable for your losses. This could result in a reduction of the total compensation to which you are entitled. If you did not seek immediate medical treatment after your accident, our attorneys may be able to help you develop strategies to counter such a dispute.
Posting About the Accident on Social Media: Venting your frustrations on Facebook might feel great in the moment, but the instant you broadcast information about your injuries, your claim, or the accident online, you open yourself up to potential disputes. Insurance claims adjusters often monitor claimants’ social media feeds to find posts that could be used to dispute their cases. For instance, if you make a post about how the accident occurred, it might cause the insurer to say that it was not work-related. Even pictures you’re tagged in after the accident could be used to assert that your injuries are not very serious or that you ignored your doctor’s instructions. There are countless ways that your online activity could compromise your case and, as such, our attorneys may advise you to deactivate your accounts or limit your social media activity until your case has concluded.
Not Following Your Doctor’s Orders: Your healthcare provider will give you a set of instructions to facilitate your recovery. For instance, you may be told to avoid physical activity for a few weeks, take prescribed medication, or complete a daily set of stretches until your injuries heal. While it may be difficult to stick to this strict script, it’s important to follow their instructions diligently. Any signs that you disobeyed your doctor’s orders could be leveraged by opposing parties dispute your claim.
Journaling may have been a hobby you left behind in your teenage years, but while your claim is pending, this childhood pastime could be your saving grace. During your recovery, it’s easy to forget important details about any pain you experienced, medication side-effects, limitations, and other information that could help your workers’ compensation lawyer build your case. An injury journal is your space to record these details so they can be shared with your attorney. Below are a few examples of what you should include in the journal:
Everything You Remember About the Accident: Sustaining a serious injury can be a traumatizing experience. While you might think you will never forget the details, time has a habit of erasing even the clearest memories. Your first entry should include an account of the moments before and after the accident took place. What were you doing when the accident happened? Were there any eyewitnesses? Were there any surveillance cameras nearby? Your attorney may rely on this account to guide their investigation.
Doctor’s Visits: Whether it’s a routine follow-up, consultation with a specialist, or visit to the emergency room, you should create separate entries for each visit to your providers. Write down what these healthcare specialists say, the medications they prescribe, any instructions they give you, and other details regarding your diagnosis or treatment.
Symptoms and Limitations: What symptoms are you experiencing? What is your pain level on a scale from 1 to 10? How are the injuries impacting your life?
Our lawyers accept workers’ comp cases on a contingency fee basis, so you won’t owe any attorneys’ fees unless we win. For a free consultation, call (864) 585-3873.
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