The Role of a Workers Compensation Attorney
What to Do Immediately After a Workplace Injury
Taking the correct steps immediately following an injury can significantly affect the outcome of your claim. Here’s what you should do:
- Report the Injury Promptly: Notify your employer as soon as possible, ideally within 24 hours. Under South Carolina law, you must report your injury within 90 days to preserve your right to file a claim.
- Seek Medical Attention: Visit a company-approved physician. Even if the injury seems minor, getting a professional diagnosis is essential for documenting the incident.
- Follow All Medical Instructions: Keep all scheduled appointments and follow prescribed treatments. Failing to comply could be used against you in your claim.
- Document Everything: Keep a personal record of your injury, symptoms, medical visits, and any communication related to your case. These details can serve as valuable evidence later.
- Contact a Workers Compensation Attorney in SC: If your claim is delayed or denied, seeking legal counsel early can improve your chances of success. At Maxwell Law Firm, we review your case thoroughly and advise you on the best course of action, whether you’re located in Aiken or Johnston.
Common Challenges in Workers’ Compensation Claims
Even when a claim appears straightforward, several obstacles can arise. Some of the most common include:
- Denied Claims – Insurance companies often deny claims based on lack of documentation or disputes over the severity of the injury.
- Disputes Over Medical Treatment – Employers or insurers may refuse to cover certain treatments or specialists.
- Delayed Payments – Delays can occur due to incomplete paperwork or intentional stalling tactics by insurance providers.
- Employer Retaliation – Although illegal, some employers may retaliate against employees who file claims.
A workers compensation attorney can help address these issues and ensure your rights are protected. At Maxwell Law Firm, we have experience handling complex claims and advocating for our clients in negotiations and before the South Carolina Workers’ Compensation Commission.
Workers’ Compensation FAQ
Can I Choose My Own Doctor for Treatment After a Workplace Injury?
Typically, you must receive care from a physician approved by your employer, unless you previously designated a personal physician in writing. Selecting the right medical provider is important, as this will directly impact how your injury is documented and treated. A workers' compensation attorney in SC can help you understand your options and ensure you receive appropriate medical care while protecting your legal rights.
How Long Do I Have to File a Workers’ Compensation Claim With a Workers’ Compensation Attorney?
You must report your injury to your employer within 90 days of the incident. Additionally, formal claims must be filed within two years from the date of injury. Missing these deadlines can severely limit your ability to recover benefits. At Maxwell Law Firm, we help clients meet all necessary timelines and submit complete, accurate claims to avoid unnecessary denials.
What Happens if My Workers’ Compensation Claim Is Denied?
If your claim is denied, you have the right to appeal the decision through the South Carolina Workers’ Compensation Commission. This process involves submitting additional documentation, attending a hearing, and possibly engaging in settlement negotiations. Having a workers' compensation lawyer on your side increases your chances of overturning the denial and securing the benefits you deserve.
Will Workers’ Compensation Cover All of My Medical Bills and Lost Wages?
Workers’ comp typically covers reasonable and necessary medical expenses related to your injury, including hospital visits, prescriptions, and rehabilitation. It also provides partial wage replacement if you're unable to work during recovery. However, determining what qualifies as “reasonable” can be subjective. As a dedicated workers compensation attorney in SC, Maxwell Law Firm helps ensure that all eligible costs are covered and that you are not left paying out-of-pocket unnecessarily.
Can I Be Fired for Filing a Workers’ Compensation Claim With a Workers’ Compensation Attorney?
No, South Carolina law prohibits employers from retaliating against employees who file legitimate workers’ compensation claims. Unfortunately, some employers attempt to circumvent these protections. If you believe you are being unfairly treated because you filed a claim, call Maxwell Law Firm immediately at (803) 641-6700. We will investigate the situation and take legal action if retaliation has occurred.