Filing for workers’ compensation should be simple when you have been injured at your workplace. But that is not always the case. Your employer could question the validity of your injuries or deny your claim altogether.
At Shelly Leeke Law Firm, our Walterboro workers’ compensation attorney is willing to fight on your behalf. Our South Carolina worker’s compensation attorneys believe you deserve to be properly compensated when you’ve been hurt at work.
Common Causes of Workplace Accidents
All employers are required by federal and state law to provide a safe workplace for all employees. Employers may be held liable when workers are injured after being involved in dangerous conditions. There are several causes of workplace accidents, including:
- Exposure to faulty wires
- Exposure to harmful substances
- Slippery floors with little to no warning signs
- Defective equipment
- Overexertion or repetitive motion
All of these causes involve the negligence of employers. Employers’ failure to practice safety procedures jeopardizes a worker’s health.
Why Employers Fail to Provide a Safe Workplace
Some employers place profits or deadlines before the safety of their workers. Employers may convince their employees to work in unsafe working conditions. Workers have the right to report their employers to the Occupational Safety and Health Administration (OSHA) if their working conditions are dangerous.
A workplace is dangerous when there is an imminent threat that can cause serious injury or death to the workers. As an injured worker, you also are entitled to workers’ compensation when you have been hurt at the workplace. If your employer denies your claim, it is in your best interest to speak to a Walterboro workers’ compensation attorney from the Shelly Leeke Law Firm.
Compensation for Injured Workers in Walterboro, SC
Workers’ compensation is the compensation you deserve for your workplace injuries.
This compensation is used to pay for your medical bills and lost wages. You must prove that your injuries are related to your workplace accident.
After being injured at your workplace, you must seek immediate medical attention. After your injuries have been addressed, you must notify your employer in writing about your workplace accident and injuries. Your next steps are to fill out a workers’ compensation form.
Make sure to fill out your compensation form within the required deadline because your employer can deny it if it is submitted past the deadline. While waiting for approval, you may want to keep track of your injuries and treatment. Your employers’ insurance company may request additional information before making a decision.
Issues with Workers’ Compensation Claims
Even though the process seems simple, employers and insurance companies may make it difficult. You may experience several issues with your workers’ compensation claims. One of the problems could revolve around the nature of your injuries.
Your employer may try to downplay the nature of your injuries. This happens when your employer insinuates that your injuries are not as serious as you claim or that they occurred outside of work.
Another common issue is when your employer fails to promptly follow up on your claim. You may have submitted your claim on time while your employer failed to complete the correct paperwork. These issues can affect your ability to receive your just compensation, which is why you need a workers’ compensation attorney in Walterboro, SC, on your side.
What a Workers’ Compensation Lawyer in Walterboro Can Do for You
Workers’ compensation is a no-fault insurance system. That means that you, as a worker, are entitled to workers’ compensation benefits regardless of fault. You may think you do not need a workers’ compensation lawyer because these benefits are guaranteed, but there are so many ways that an employer can prevent you from obtaining these benefits.
Your employer or insurance company may not want to pay your claim. Because of this, they may deny your workers’ compensation claim for questionable reasons. You also may not experience your injuries immediately following your accident.
With overexertion injuries, in particular, workers do not feel those injuries right away. They can start to experience those injuries weeks and even months afterward.
When your workers’ compensation claim has been denied, you need the help of a workers’ compensation lawyer in Walterboro, SC. They can use their legal expertise to ensure you receive the compensation you deserve.
Gather the Best Evidence
One of the most common reasons workers’ compensation claims are denied is a lack of sufficient medical evidence. Workers’ compensation attorneys in Walterboro are skilled in gathering the strongest medical evidence for their clients.
This includes copies of medical records to trusted medical opinions from credible physicians.
Insurance companies sometimes request that you complete an independent medical examination (IME). Workers’ compensation attorneys can help prepare you if you are asked to participate in an IME.
In addition to medical evidence, your workers’ compensation attorney can provide evidence proving your employer’s negligence. If your employer has a past history of poor workplace safety, your workers’ compensation attorney in Walterboro, SC, can use that evidence against them.
Negotiate a Fair Settlement
A workers’ compensation attorney in Walterboro, SC, can help negotiate a settlement on your behalf. A settlement agreement is not always designed in the injured worker’s favor. The insurance company could be offering you a lowball amount and hope you accept it.
The insurance company could also threaten you with a “final offer” if you continue to decline their lowball settlements. A Walterboro workers’ compensation lawyer is familiar with the insurance companies’ tricks. They can share the appropriate amount that you deserve for your settlement.
They can also negotiate against the insurance company for your desired settlement. Insurance companies are less likely to try those tactics with a client with a workers’ compensation lawyer.
Speak with a Walterboro Workers’ Compensation Attorney Today
You deserve workers’ compensation benefits after you’ve been hurt on the job in Walterboro, SC. When your employer makes it difficult for you to receive your just benefits, speak with a Walterboro workers’ compensation lawyer at the Shelly Leeke Law Firm today. Call our office, or submit our contact form to schedule a free consultation.