If you are injured at work, you can usually get workers comp to take care of it. But problems can arise. There are instances when your claim gets denied or when your employer doesn’t do their part in getting the claim processed. When these issues come up, it’s best to have a lawyer on your side.
Dan Pruitt has years of experience dealing with workers comp claims in the Greenville, South Carolina area. Read on to find out how he can help you win your case.
What Does Workers’ Compensation Cover?
Workers’ comp covers the following losses and expenses:
1. Medical Expenses
These damages will cover any medical care needed immediately after the accident as well as ongoing care that may include things like prosthetics, wheelchair ramp installation, in-home nursing, medication, and more.
2. Loss of Wages
Loss of wages covers your income when you need to take off work to recover.
3. Partial Disability
Your injuries may be so severe that you are unable to perform the duties of your current position. If this is the case, you may be forced to take a lower-paying position. In this instance, partial disability benefits will cover two-thirds of the difference in wages until you are able to return to your past position.
4. Total Disability
Total disability kicks in if your injuries render you unable to return to work on a permanent basis. It will cover two-thirds of your salary for up to 500 weeks. If your injuries were especially severe, you might be able to collect benefits for the rest of your life.
5. Wrongful Death
If a worker dies due to their injuries, their family may collect wrongful death benefits that equal two-thirds of their pay for up to 500 weeks. The family may also be compensated for medical and funeral expenses.
How Do I File for Workers’ Comp?
There are steps you must take after an injury occurs to ensure you get your worker’s comp benefits. The process may vary slightly from workplace to workplace, but here are the general guidelines:
- You have 90 days to file your claim. If you wait longer than that, you may not be able to collect benefits. You may want to wait a few days after an injury occurs to see if it’s getting better, but beyond that, don’t delay in filing.
- Once you have filed your claim, it’s up to your employer to contact their insurance company. The insurance company will then conduct an investigation of your claim to make sure the injury is work-related. It’s likely you will have you see a doctor in their network so they can examine you and confirm the cause and severity of the injury.
- After the investigation is complete, you will receive a letter letting you know if your claim has been approved or denied. If it is approved, the letter will tell you the amount of the benefits you will be receiving as well as how long you will be receiving them. If your claim was denied, you would be able to start the appeals process.
Do I Need a Lawyer for My Workers’ Comp Claim?
In most cases, workers’ comp claims run smoothly, and you can collect benefits without issue. However, there are situations where you will want a lawyer by your side. Here are some examples.
If You Need to Appeal Your Claim: If your claim was denied, it’s a good idea to hire a lawyer to help you with the appeals process.
If Your Employer is Dragging Their Feet: After you file your paperwork, your employer must file their own set of paperwork with their insurance company. If time goes by and they aren’t doing their part, you may need to call in a lawyer.
Problems with the Network Doctor: Part of the process will involve you seeing a doctor that is approved by the insurance network. It is not uncommon for network doctors to deliver substandard treatment. They may even try to make your injuries seem less severe to help the insurance company (i.e., the person that hired them) make a lower payout. If this is the case, you can ask to see another network-approved doctor, but if you continue having this problem, you may need a lawyer’s assistance.
You are Being Offered Lump Sum Settlement: Worker’s comp is usually made in incremental payments, but in some cases, you may be offered a lump sum settlement. This amount may seem like a lot of money at the time, but once you apply it to your losses and expenses, you will find you barely have enough to go around. A lawyer will review your lump-sum settlement and see to it that you are fairly compensated.
Your Employer is Not Offering You Alternate Work: If your injuries render you unable to perform the duties of your current job, it is up to your employer to offer you alternate work that suits your capabilities. If they are unable to do so, they must compensate you for training for another position. If they refuse to provide work or compensate you for training, you may be able to go after them in a legal forum.
Why Dan Pruitt is the Best Choice for Your South Carolina Workers’ Comp Claim
It can be intimidating going after employers in a worker’s comp claim. Don’t go it alone. The right lawyer will take the stress off your hands and fight relentlessly to see to it that your claim gets approved.
Dan Pruitt has years of experience representing Greenville, South Carolina residents in workers comp claims. He is known for his caring demeanor, his affordable rates, and his winning results. He will make sure you get the best possible outcome.
Don’t let your employer get away with robbing you of your benefits. Call Dan Pruitt to schedule a free consultation. He will do all he can to help you win your case.