Why You Need A Workers’ Comp Lawyer After A Workplace Accident?
Unfortunately, on the job injuries can be particularly tough and stressful on injured workers and their families. While our Workers’ Compensation system is designed to prevent the financial struggles that come with being unable to work. It often fails to provide that security. Many small employers are honest family businesses. And many larger companies are good corporate citizens who try to comply with Workers’ Compensation regulations. Experienced workers’ comp lawyers know an unfortunate reality. The reality is that many employers that face a Workers’ Compensation claim will find any reason to prevent paying. They want to avoid paying for required lost wages and necessary medical treatment.
Thus, after the incident, your employer may consider you a liability. This may give you a sense of fear. Indeed, it’s already financially tough time if your source of income may be in limbo due to this unfortunate incident.
Certainly, in these situations, Workers’ Compensation claims are complicated and difficult. Our Charleston law firm of experienced Workers’ Compensation lawyers can help. We can navigate through this stressful and anxious time in your life. Our focus is always on securing the best possible outcome for you and your family.
WHAT IS WORKERS' COMPENSATION?
Workers’ Compensation (also know as workers’ comp or workmans comp) is the exclusive means by which employees can recover from their employers for on the job injuries. This means that an employee cannot sue his employer when there is a workplace injury, but must seek compensation through the Workers’ Compensation system.
Therefore, is this exclusivity a good thing or a bad thing for injured workers? It is a bit of both.
On the downside, the Workers’ Compensation system does not allow recovery of various types of damages that would be recoverable in a lawsuit.
Finally, the upside is that, generally speaking, Workers’ Compensation is a no-fault system. This means that the injured worker need not prove in court that his employer’s negligence caused the accident. He simply needs to show that he suffered an accident injury while in the course and within the scope of his employment.
Indeed, when to hire a workers’ comp lawyer is a complex question depending on the specific circumstances of the claim.
For instance, at Ben Traywick Law Firm, our Charleston workers’ comp attorneys have frequently taken Workers’ Compensation calls. We’ve talked it over with the client, and advised the client not to hire us at that time. Instead, we suggested them to continue working with an employer who thus far had been doing right by the client.
Therefore, when to hire a workers’ comp attorney is complex.
Surely, what is not complex is determining when an injured worker should call a workers comp lawyer to talk about his or her workplace injury and potential Workers’ Compensation claim. That should happen right away.
Why? Moreover, despite the intent that Workers’ Compensation be a simple, easy-to-manage system. It has become a fairly tricky legal field, in which numerous pitfalls await the inexperienced worker who has not consulted with an attorney.
Workers' Compensation Benefits from Injuries Sustained at Work
Generally speaking, an injured worker may recover, under the Workers’ Compensation system, ⅔ of his or her average weekly pay from the employer. The employer is also responsible for providing medical treatment. In some cases, the employer is required to compensate the worker for permanent disabilities the worker sustained as a result of the workplace injury.
If you are unclear if your benefits are being respected, you can contact our skilled workers’ comp lawyers for help. We will offer skilled legal advice and legal representation if you are unlawfully being withheld from workers’ compensation benefits
Workers' Comp Tips: Workers’ Compensation Frequently Asked Questions
Under South Carolina law, your employer cannot retaliate against you for filing a Workers’ Compensation claim. That said, not all employers play by the rules. While they cannot legally fire you, they may bully you or dispute your accident claim. This is one of many reasons it is important to have a Workers’ Comp attorney in your corner. This way you have expert legal representation and gain trusted legal advice that can protect you in a workers’ comp claim.
In order to receive Workers’ Comp benefits after your on the job injury, you must visit the designated company doctor. But if you do not feel that you received adequate care, Ben Traywick Law Firm of Charleston attorneys can help you get the treatment you need – and the benefits you deserve.
Each circumstance is different, and timelines vary. One thing is certain: you should report your on the job accident or injury to your employer immediately.
Generally speaking, if you are permanently, totally disabled and cannot work at all, you may receive benefits for up to 500 weeks. The law is far more complex than this simple rule. Though, the thing to do is to call for a free consultation with a Workers’ Compensation attorney.
While you can file a Workers’ Comp claim yourself, it is typically best to have an experienced attorney on your side – especially if your employer does not cooperate. Trust the Workers’ Comp attorneys at Ben Traywick Law Firm to advocate for you. We are always working to secure the maximum benefits for your workplace injury.
Identifying your options and choosing the best course of action is a process that will vary from one workplace injury to another workplace accident.
Each accident injury is unique. So, you need proper legal representation and legal advice on how your specific legal claim should be managed with success.
Our Charleston law firm of Workers’ Comp lawyers are ready to talk to you. Free of charge, this is available through our free consultation.
Absolutely, let’s begin the process. Our workers’ comp attorneys can analyze your situation and help you get back to full health – and back to work!
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