When an honest day’s work turns into an accident that could have been prevented, employees often bear the brunt of the cost. While employers in Conway and throughout the rest of South Carolina are required to carry workers’ compensation insurance, all too often, they fight reasonable claims and try their hardest to keep from paying workers the compensation they’re due. Particularly when workplace injuries result in permanent or temporary disability, this lack of coverage can leave hard-working employees unable to support themselves and their families during and after their recovery.
At Evans Moore, LLC, we believe that businesses owe it to their employees to honor their commitments and cooperate with valid workers’ compensation claims. If your claim has been denied, our experienced Conway workers’ compensation attorneys can help you fight back and increase your chances of winning the compensation you need.
Cases We Handle
Workers’ compensation cases can take many forms depending on the type of injury and the circumstances that follow. But what all workplace injuries have in common is the suffering they cause to hard-working employees. At Evans Moore, LLC, our Conway workers’ compensation lawyers are ready to tackle any workers’ compensation case that comes their way, including:
- Permanent disability
- Temporary disability
- Workplace injury
If you’re unsure what category your case falls under, don’t worry. Our legal team will find the way to best assist you given the specifics of your case and your particular needs. We understand the hardships that come with any workplace injury and disability, and we are committed to helping our clients through this challenging time in their lives, no matter what the circumstances.
Workers’ Compensation Laws in South Carolina
If you work in Conway or anywhere else in South Carolina, the chances are that you are covered under your employer’s workers’ compensation insurance. Under South Carolina law, any employer with at least four full-time employees must carry workers’ compensation insurance. This insurance will cover any injuries that occurred on the job and have kept you away from work, either permanently or temporarily. There are a few exceptions to the coverage requirement, including certain agricultural and railroad companies, among others, but most employers are covered under the law. If you are unsure whether your employer is required to provide you with workers’ compensation insurance, a lawyer can help you determine whether or not they are.
When you file a workers’ compensation claim, your employer will have to report it to the South Carolina Workers’ Compensation Commission. If your employer wishes to contest your claim, they can do so to the Commission. A commissioner will decide whether or not your employer can deny the claim, although its initial decisions can be appealed to the full Commission and then to the South Carolina Court of Appeals.
Getting Worker’s Compensation Benefits
Your case will start when you file a workers’ compensation claim with your employer. In some cases, the employer will agree to pay out the benefits you’re due. Unfortunately, for some workers, the process will not be so easy. Your employer may choose to contest the claim. At this point, you will have to do some extra work to get your claim approved. This work will be easier with the help of an experienced workers’ compensation lawyer.
If your claim has been denied, getting it approved on appeal will involve proving that your injury is actually covered under your employer’s workers’ compensation insurance and that you took every necessary step to receive your benefits. If your employer does not want to pay out, they may make a number of accusations, including that:
- The injury occurred off-site or off the job
- The injury is not serious enough to cause a disability
- The disability is not ongoing
- The injury is the result of a pre-existing condition
- You did not file the proper paperwork on time
- You are not following medical advice that would assist in your recovery
To get your claim approved and win the benefits you need, you will have to refute these and other accusations made by your employer. The specifics of your case will vary according to what exactly your employer is alleging, but an experienced workers’ compensation lawyer can examine the terms of your insurance policy and help to determine what is needed to win your case.
Having the facts on your side is the key to any workers’ compensation case. Collecting evidence will be a large part of the battle. It is essential that you attend every necessary doctor’s appointment and keep any documentation you receive, and that you keep records of all paperwork you’ve filed. You may also collect reports from coworkers who witnessed your injury. These records will help convince a commissioner or judge that your claim is valid and that you’ve done your part to receive the benefits you’re due.
Contact a Conway Workers’ Compensation Lawyer Today
Recovering from a workplace injury can be a difficult time in your life. In addition to the burden of medical bills and the pain and suffering you experience, you may be unable to work and support yourself. You may feel like you need some time off, but unfortunately, if your workers’ compensation claim has been denied, the clock is already ticking. The sooner you start to fight back, the better chance you’ll have of receiving your benefits. With the help of an experienced workers’ compensation attorney, you can get out ahead of your employer and increase your chances of success.
The Conway workers’ compensation lawyers of Evans Moore, LLC are ready to help today. We have the dedication and know-how to fight your employer for the compensation you deserve. What’s more, with our years of experience serving the Conway area, we are familiar with many of the prominent employers nearby. Whatever stage your case is in, we are ready to jump in and fight for you. Don’t delay: for more information on how our Conway injury attorneys can help with your claim, call us now at (843) 995-5000.