The Importance of Hiring an Anderson Workers’ Compensation Attorney

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South Carolina offers financial compensation to individuals who are injured or killed while on the job, like many states in the nation. Known as workers’ compensation, this benefit provides a victim to recover benefits such as lost wages, disability payments and covers medical expenses. A person is eligible for workers’ compensation regardless of whether or not the employer was at fault. While the concept may seem basic, unless the injuries suffered are minor and the insurance company is cooperating completely, it is in the best interest of an injured worker to seek out and hire an experienced attorney. If you or someone you know has suffered injuries from a work-related incident, reach out to an experienced and knowledgeable Anderson workers’ compensation attorney right away in order to know your rights and obligations under state law.

It’s Complicated

Generally, if a workers’ compensation case has minimal factors to consider then the claims process should go smoothly. A claims process may be expedited if all of the following are present:

  • The person claiming workers’ compensation benefits has no pre-existing conditions;
  • The employer or company admits the injury occurred while employee was on the job or while conducting job-related work;
  • A minimal amount of work was missed by the employee claiming workers’ compensation benefits as a result of the injury; and
  • The injuries suffered as a result of the work-related injury were minor.

Notwithstanding all of these factors being present, obstacles may occur for someone attempting to file a workers’ compensation claim prior to the case coming to a resolution.

Many individuals who are seeking workers’ compensation cannot afford a delay in receiving benefits. For this reason, an experienced and aggressive Anderson workers’ compensation attorney can quickly resolve – or even avoid – any issues that may come up on behalf of a client.  Some hurdles that may occur during a workers’ compensation claim include:

 

  • Payments are not receiving on time or claim is outright denied – it is not uncommon for workers’ compensation claims to be denied because the employers and insurers are banking on a claimant not appealing the decision.
  • The settlement does cover medical expenses or lost wages –a settlement agreement and statement must be carefully reviewed by a competent attorney to confirm both the reasonableness of the award and what the funds cover, but also to clearly explain to his or her client the rights that are being waived as a result of accepting the money.
  • You receive Social Security Benefits – the Social Security Administration may be entitled to a portion of a workers’ compensation award if the if settlement is improperly structured. A knowledgeable workers’ compensation attorney knows how to properly structure a settlement to avoid this issue.
  • The claimant is unable to return to work due to medical issues – an injured employee may be entitled to lifetime payments, paid monthly or in a lump sum, if the injury incurred results in permanent partial or total disability. Because of the high liability, employers and insurance companies alike tend to fight these cases harder.
  • Third-party claims may appear – a third party whose negligence contributed to the injury may be sued. The legal guidance of a competent workers’ compensation attorney is essential in pursuing this avenue.
  • Discrimination or retaliation – if an employer has retaliated against an employee because of his or her workers’ compensation claim, an attorney should be contacted immediately as employment law may have been violated.

 

Workers’ Compensation Help in South Carolina

The purpose behind our nation’s workers’ compensation system is to provide fair and timely benefits for workers who suffered a work-related injury. This system, however, often works to the benefit of employers and their insurance companies. They have a team of aggressive lawyers working hard on their side to fight your claim. You should have competent workers’ compensation lawyers on your side to fight back. If you or anyone you know has suffered a work-related injury and is thinking of filing a claim, contact an Anderson workers’ compensation attorney at The Law Offices of Steven M Krause PA for your initial consultation. Call (864) 225-4000 today.

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