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How Do I Know If I Have a Workers’ Comp Claim?

In 2023, 61,788 workers’ compensation claims were filed in The Palmetto State. Certain jobs pose more dangers than others, with employees making multiple claims during the course of having a position. Workers’ compensation is insurance that is provided regardless of fault, allowing you to recover a certain percentage of lost wages and the entirety of medical expenses related to your accident or illness.

At Fulton & Barr, we are dedicated to helping employees receive the entirety of benefits due to them. If you have recently been injured on the job, do not hesitate to contact our Greenville workers’ compensation lawyers.

Determining if You Have a Workers’ Compensation Claim

Following your work-related accident, the first thing you should do is seek medical care if you have suffered life-threatening injuries. If immediate medical intervention is not warranted, then you should notify your employer and request that he or she provide a list of approved physicians. Be sure to notify your employer within 90 days of your injury. If you fail to report in a timely manner, your claim may be denied. Additionally, you will want to file a claim with the Workers’ Compensation Commission within two years.

After your claim is filed, your insurer and the Workers’ Compensation Commission will conduct an investigation to determine your eligibility to receive benefits. If your claim is denied, you have the right to seek a hearing with the Workers’ Compensation Commission commissioner.

What is Covered Under Workers’ Compensation?

Medical Expenses

Workers’ compensation will cover all reasonable and necessary medical expenses related to an employee’s injury or occupational illness. This may include:

Wage Replacement

Workers who are entitled to temporary total disability (TTD) will be eligible to receive 66 2/3% of their average weekly wages (AWW) prior to their injury or illness, with a maximum AWW of $1,093.67 for claims occurring on or after January 1, 2024. Benefits can last up to 500 weeks but will terminate once the employee returns to work or reaches maximum medical improvement, or MMI. A worker is considered to reach MMI when the individual’s condition is not expected to significantly improve.

Guidance from Compassionate and Knowledgeable Counsel

An accident while at work can derail your future prospects, leaving you feeling scared and confused. Most injuries are avoidable if employers take the proper precautions. No matter who is to blame, you deserve compensation for your medical expenses and lost income. At Fulton & Barr, Attorneys at Law, we have assisted clients with denied claims to get the benefits they deserve. If you were denied benefits, our legal team is eager to help you.

Contact Our Greenville Workers’ Compensation Attorneys Today

Employers are responsible for maintaining safe work conditions for their employees, but sadly, this standard is not always a reality. At Fulton & Barr, Attorneys at Law, we believe that no claim is too big or too small. No matter your circumstances, our Greenville workers’ compensation lawyers are committed to ensuring that you receive maximum benefits for your accident or illness. To arrange your consultation to learn more about your legal options, contact us online or give us a call.