Blythewood, SC Workers’ Compensation Lawyer

Blythewood is a town with a high risk of workplace injuries because of its diverse workforce and numerous industries. Whether it is a sudden and severe incident or a repetitive strain injury that develops over time, workers are vulnerable to various types of injuries.

Thankfully, Workers’ Compensation benefits are available to help those who have sustained workplace injuries. The issue for most workers is the complexity involved in the filing process. That is where our firm can help. Over the years, we have helped countless clients assert their rights and get the benefits they deserve. Whether your injuries are minor, serious, or the result of years of repetitive work, we know what it takes to prove your claim.

For a free case review, contact our Workers’ Compensation attorneys at Burriss Ridgeway Injury Lawyers by calling (803) 451-4000.

Filing a Workers’ Compensation Claim in Blythewood, SC

In Blythewood, Workers’ Compensation is an important program that provides medical coverage and lost wages to employees who suffer work-related injuries. While the program is there to help workers, you should not face the claims process without the guidance of our Workers’ Compensation attorneys. Numerous pitfalls could prevent you from getting benefits, but the following will give you a good idea of how to proceed and what to expect as you do.

Qualifying for Workers’ Compensation

Workers’ Compensation benefits are designed to provide financial support to employees who suffer work-related injuries or illnesses. To be eligible for these benefits, your injury or illness must have occurred within the course and scope of your employment.

This means that you must have been engaged in some activity that benefited your employer or as part of your job duties when the injury happened. For example, if you fell off a ladder while hanging decorations in your workplace, your injury would likely be covered by Workers’ Compensation.

Additionally, Workers’ Compensation also covers illnesses or diseases that are directly caused by your job conditions. For instance, if you develop lung disease because of prolonged exposure to harmful chemicals at your workplace, you might be eligible for benefits.

Filing Your Claim

Usually, the first step to filing a Workers’ Compensation claim in Blythewood is to report the injury to your employer as soon as possible. While you should do this immediately, you have a maximum of 90 days from the accident date to report the injury to your employer. Remember, delays will likely result in the denial of your claim.

If your employer fails to report your injury to the South Carolina Workers’ Compensation Commission within ten days, you have the right to report it yourself by filing Form 50 with the Commission. However, you must file your claim with the Commission within two years from the date of the injury.

What to Expect in the Claims Process

During the claims process, your employer’s insurance company will investigate the incident. They might request additional medical examinations, ask for more documentation, or interview you and any witnesses. It is essential to cooperate fully but also to remember that the insurance company is not on your side. They might try to minimize the payout or deny your claim outright.

If your claim is approved, you should start receiving benefits within a few weeks, which might include coverage for medical expenses and a portion of your lost wages. If your claim is denied, you have the right to appeal.

If your Workers’ Compensation claim is denied, you can request a hearing before the South Carolina Workers’ Compensation Commission. This must be done within one year of the date of your injury or the last date of received compensation. If you are still unsatisfied with the outcome after the hearing, you can appeal to the South Carolina Court of Appeals and, ultimately, the South Carolina Supreme Court. However, it rarely ever goes that far.

Types of Benefits Workers’ Compensation Can Provide in Blythewood, SC

Workers’ Compensation provides various benefits that vary depending on the type and severity of the injury. The nature of the injury, whether it is a minor or major injury, and the extent of the worker’s disability are some factors that determine the type and amount of benefits you can receive.

Temporary Partial Disability

Temporary partial disability (TPD) benefits are offered to workers who are unable to resume their previous job duties because of temporary physical limitations. These benefits are designed to bridge the gap between the worker’s pre-injury wages and the amount they can earn in their current limited capacity.

In Blythewood, TPD benefits constitute two-thirds of the difference between the worker’s average weekly wage before the injury and what they can earn now. The amount is calculated based on the worker’s medical condition and ability to perform specific tasks.

However, TPD benefits will stop once the worker has fully recovered and can resume their regular work duties. Alternatively, they might also stop after a certain period, as defined by law.

Permanent Partial Disability

Permanent partial disability (PPD) benefits apply when a worker suffers a permanent disability that partially impairs their ability to work. This could be because of the loss of use of a body part or a decrease in overall physical capability.

However, the amount of PPD benefits you receive depends on the body part affected and the extent of the impairment. These benefits are paid after the treating physician has determined that you have reached maximum medical improvement (MMI), which means your condition is unlikely to improve further with treatment.

Temporary Total Disability

If you sustain a work-related injury that temporarily prevents you from working, you might be entitled to temporary total disability (TTD) benefits. TTD benefits are similar to TPD benefits and typically amount to two-thirds of your average weekly wage before the injury, subject to a maximum limit.

You will continue to receive these benefits until you are able to return to work, reach maximum MMI, or exhaust the legal time limit.

Permanent Total Disability

When an employee suffers a work injury that permanently prevents them from returning to any form of gainful employment, they might be classified as permanently and totally disabled (PTD). This is the most severe classification of work-related injuries.

PTD benefits are also calculated as two-thirds of your pre-injury average weekly wage. However, the actual amount you receive will depend on how much you were earning before your injury. These benefits can potentially last for life, depending on the nature and extent of the disability.

Keep in mind that PTD benefits are only available if you are permanently unable to work in any capacity. If you are able to return to work, even in a limited capacity or with restrictions, you might be eligible for other types of benefits, such as temporary total disability (TTD) benefits or permanent partial disability (PPD) benefits.

Our Blythewood, SC Workers’ Compensation Lawyers Can Help

Call our Workers’ Compensation lawyers today at Burriss Ridgeway Injury Lawyers at (803) 451-4000 for a free case analysis.