Workers’ Compensation Attorney in Abbeville, SC
An occupational illness or injury can derail your future plans, making it difficult to support your family. If you have been injured on the job, you may be entitled to workers’ compensation, which will provide wage replacement, coverage of medical costs, and death benefits if a work injury or injury results in death. Filing a workers’ comp claim requires experienced representation to ensure that you are receiving maximum benefits.
At Fulton & Barr Attorneys at Law, we are dedicated to helping injured workers receive the compensation they deserve following a work-related incident. If you have recently experienced a denied claim, do not hesitate to contact our Abbeville workers’ compensation attorneys.
What Benefits are Provided in a Workers’ Compensation Claim in South Carolina?
Workers’ compensation is employer-provided insurance that must be provided by companies that have at least four employees. It provides employees reimbursement for all reasonable medical expenses, lost wages, and death benefits if an employee dies due to a work-related injury or illness. Benefits are triggered once you miss seven consecutive days of work, with retroactive benefits applying to all missed days once you miss 14 days in a row. However, to qualify for benefits, you must report your injury within 90 days of the incident.
Medical Expenses
South Carolina workers’ compensation covers all reasonable and necessary medical costs related to an illness contracted on the job or a work-related injury. Medical expenses covered may include, but are not limited to:
- Ambulatory services
- Emergency room care
- Surgeries and procedures
- Medical imaging and laboratory testing
- Home modifications
- Medical supplies
- Prescriptions
- Travel costs to the doctor and pharmacy
Lost Wages
The extent and severity of your injuries will determine which type of workers’ compensation benefits you are entitled to receive. In general, employees are entitled to 66 2/3% of their average weekly wages (AWW), with benefits having a statutory cap that is adjusted each year. Wage replacement benefits last up to 500 weeks, with benefits discontinuing if you are able to return to your regular job. If your physician determines that you are able to return to work but should perform lighter work duties, then you must accept an offer from your employer to perform these tasks or risk having your benefits terminated.
Temporary compensation benefits will apply if you are compensated at a lower rate for lighter work duties. However, you are entitled to a hearing if you believe that you cannot physically perform these duties. In other situations, if you are unable to work entirely, you may be entitled to permanent total disability (PTD) benefits. If you sustained brain damage or the accident left you a paraplegic or quadriplegic, benefits will last for the remainder of your life. Conversely, permanent partial disability (PPD) benefits will apply if you can work in some capacity once you reach MMI. Specific benefits will depend on the body part affected and the severity of your impairment, as determined by a physician.
Death Benefits
If a work-related injury results in an employee succumbing to their work-related injury or illness, workers’ compensation will provide benefits to surviving family members. Under South Carolina’s workers’ compensation, death benefits entail:
- Two-thirds of the workers’ AWW for 500 weeks
- Reimbursement for all medical costs
- $12,000 in burial expenses
Legal Advocacy When Facing a Work-Related Injury
You give your heart and soul to your job, so there is no reason that your safety net should not be available to you when you fall. Lost wages, in combination with thousands of dollars in medical expenses following a work injury, make it essential that you get the compensation you need to cover your everyday living expenses. At Fulton & Barr Attorneys at Law, our Abbeville workers’ compensation attorneys understand the predicament you are facing. As such, we are dedicated to helping you recover maximum benefits in the hope of giving you peace of mind. When you contact our firm, our legal team will investigate the matter to gather the necessary evidence to ensure the best possible outcome.
Speak with Our Abbeville Workers’ Compensation Lawyers Today
Being unable to work or having to take a lesser-paying job can be stressful, making you fearful that you will be unable to support your family. If you have recently experienced a claim denial or the insurance company is stalling in paying your claim, Fulton & Barr Attorneys at Law are more than ready to help. Our Abbeville workers’ compensation lawyers are not afraid to speak with the insurance company on your behalf to fight for the compensation that is rightfully yours. To get started, contact us online or give us a call at (864) 778-3092 to arrange your free consultation today.
