If you have been injured on the job, you are entitled to compensation for medical expenses and lost wages, and perhaps permanent disability benefits if you have experienced a loss of function of a body part. Additionally, if you are totally unable to work, we can also help you obtain social security disability benefits. Our Spartanburg workers' compensation lawyers can review your case and help you plot the way forward.
Despite the fact that South Carolina law requires that you be provided with these benefits, filing a claim for workers' compensation benefits can be a frustrating experience. Many people who have valid injury claims do not receive the benefits they deserve because lawyers for the employer will likely claim one of the following: the injury did not happen on the job, the injury was not work-related, the injury was a pre-existing condition, or the employee did not give notice of the injury.
The Hodge & Langley Law Firm has succeeded in overcoming these arguments for thousands of injured workers, ensuring people like you received the compensation due for their work injuries. We have helped with workers’ comp cases in Spartanburg, Greenville, and throughout South Carolina and Georgia.
Our workers’ compensation lawyers offer a free initial consultation to discuss your workers’ compensation case, and we handle workers’ compensation cases on a contingency fee basis, which means that you pay nothing up front for our legal services. If we are successful, our fee will be a percentage of the settlement or award we obtain for you; if we are not successful, you will owe us no attorney fees or costs.
Some specific examples of workers’ compensation (formerly “workman’s compensation”) cases:
Yes, most employers throughout the state are required to have workers’ compensation coverage. There are, however, a few exceptions. Under some circumstances, the following workers are exempt from workers’ compensation:
The easiest way to find out if your employer has workers’ comp insurance is to ask them. Our legal team can handle correspondence with your employer and the insurance company and help you pursue the full benefits to which you may be entitled.
Every workers’ comp case is unique. When approximating the value of your claim, we will have to perform a thorough investigation into the circumstances surrounding the accident, the nature of your employment, and the severity of your injuries.
Here are a few specific factors that could influence the value of your claim:
The Cost of Medical Care: Some injuries require only a few doctors’ visits, medication, and perhaps a couple weeks of physical therapy. Others require multiple surgeries and many months of rehabilitation. The cost of your medical bills will impact the potential value of your workers’ comp claim.
The Severity of Your Injury: Is your injury classified as partial or total disability? If your injury is serious but you can return to limited work duties, it would likely be classified as a partial disability. In this scenario, you could receive two-thirds of the difference between your new wage and the amount of income you were making before the accident. Once you fully return to work, your benefits will end. If you suffered a total disability and are unable to return to work at all, you can seek compensation for two-thirds your original wages for up to 500 weeks. There are a number of factors that could influence the calculations for loss of income, so it is important that you speak with a workers’ compensation lawyer who can help you approximate a fair value. Under some circumstances, an injured worker may be entitled to a lifetime of benefits.
Whether Your Loved One Died: If you are bringing a workers’ compensation claim after a family member died in a work-related accident, you may be able to obtain compensation for burial costs as well as two-thirds the deceased’s income for up to 500 weeks.
Yes, you should. Although you may find yourself overwhelmed by doctor’s appointments and the hard work of healing, it is important that you take steps to strengthen your workers’ compensation claim. One way to do this is to keep a personal injury journal.
The details pertaining to your accident might seem clear now, but over time, human memory tends to fade. It is important that you record the details of your accident and your recovery since this will aid your Spartanburg workers’ compensation lawyer once the investigation into your injury begins.
Below we have listed a few points to include in your journal:
Describe Everything You Remember: As soon as possible after the incident, begin jotting down all the information you can recall. This should include what was going on just before the accident, how the accident occurred, and what you did immediately afterward. To start, write down just the facts about what you experienced. You can then expound on what you think might have contributed to the accident and other speculation.
Take Notes of Conversations: Any conversations you have with people who could serve as possible witnesses should be documented. Even if what they say seems unimportant, write down as much as you can about what they might have seen. Your legal team can then decide whether or not to speak with those individuals and possibly depose them at a later date if it becomes necessary to file a lawsuit.
Keep Track of Your Symptoms: Starting from the moments immediately after the accident, you will want to describe how you’re feeling with as much detail as possible. Record your levels of pain and whether you are experiencing other problems such as sleeplessness, anxiety, nausea, or reduced mobility. Keep notes on when these symptoms occur and how long they last. Also, record the names and doses of any medications you are taking to treat your symptoms. Ideally, you may want to jot down these kinds of notes every day.
Describe Other Limitations: You should also describe how your symptoms are affecting your day-to-day life. If you're unable to drive, cannot play with your kids, or have a reduced ability to concentrate on your work, these may be useful details in helping you and your Spartanburg workers’ compensation attorney prove the extent of your injuries.
Contact Hodge & Langley Law Firm today for a free consultation with experienced South Carolina workers comp lawyers.
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