Best Workers Compensation Attorneys in Columbia

FAQs

• What is the non-emergency contact number for the local police station in Columbia, South Carolina?

  Dial (803) 252-2911 to reach the Columbia Police Department for non-emergency concerns or incidents.

• Where can I get a copy of police report for incidents related to my case in Columbia, South Carolina?

  You can get a copy of a police report by making a request in person at Columbia Police Department Records Unit located at 1 Justice Square Columbia, SC 29201. The unit is open Monday to Friday, 8:30 AM to 5:00 PM. If you cannot request in person, please call the unit at (803) 545-3577/3578 for assistance.

• Can you see your own doctor if you’re receiving workers’ compensation benefits in Columbia?

  Generally, no. If you’re under workers' compensation in Columbia, your employer or the insurance company has the right to choose the medical provider to treat your work-related injury/illness. The insurance company also reviews and approves treatments recommended by the doctor for you. This does not stop you from seeing your own doctor, but you will have to pay the medical bills yourself.

• How much time do you have to file a workers’ compensation claim in Columbia?

  There are two deadlines to remember when filing a workers’ compensation claim in Columbia. First, you must report the injury to your employer, ideally in writing, within 90 days of sustaining it. It is wise to do this immediately. You can lose your right to benefits if you don’t report in 90 days, according to the South Carolina Code of Laws Section 42-15-20. Second, you have two years to file the claim with the South Carolina Workers’ Compensation Commission.

• How much of your lost wages does workers’ compensation cover in Columbia?

  Workers' compensation insurance in Columbia pays two-thirds of the injured employee’s average weekly wage. If you are unable to work and were earning $1,000 weekly before, you will receive $666.67. If the doctor allows you to do light work only, resulting in a reduced wage, the insurance will pay two-thirds of the gap between the previous and the new lower wage. So if you were earning $1,000 weekly and now just $500, the payout will be $333.33.

• What do you do if your workers’ compensation claim in Columbia is denied?

  You can go to the South Carolina Workers’ Compensation Commission and submit a Form 50 to the Judicial Department. Your Columbia workers’ compensation attorney can help you with this. The employer’s insurance company will then respond to the Form 50 filing. Within three to five months, a hearing with the Commissioner will be arranged. You or your attorney can argue your case in this hearing, and the Commission will issue a ruling on the matter.

• Does the medical benefit in Columbia’s workers’ compensation system cover travel expenses for doctor appointments?

  Yes, it reimburses some medical-related travel expenses for Columbia workers. For the travel expense to be covered, the roundtrip distance must be over 10 miles from your residence. The reimbursement will be based on the rate used for state employees. This coverage applies to both doctor appointments and pharmacy trips.

• What does a workers’ compensation attorney do?

  Workers’ compensation attorneys help injured employees recover monetary benefits following workplace accidents and illnesses. Attorneys in this practice area provide legal advice, gather evidence, review medical records, prepare petitions, and negotiate insurance settlements. They also represent clients’ interests during court cases and administrative hearings overseen by state workers’ compensation boards.

• What are the benefits of filing a workers’ compensation claim?

  Workers’ compensation insurance gives employees access to vital cash benefits in case of workplace injuries or illnesses. Filing a claim can help injured workers pay for medical care, physical therapy, and essential living expenses while they recover from a temporary or permanent disability. Workers’ compensation also pays for funeral and burial expenses following fatal workplace injuries.

• How long does a workers’ compensation claim stay open?

  Workers’ compensation claims typically remain open as long as the individual is receiving treatment or until the injured party reaches maximum medical improvement. This milestone varies for each person, and it can take years to determine whether a disability is temporary or permanent. Additionally, there’s a fixed time limit for filing a lawsuit. The statute of limitations can be anywhere from six months to two years from the date of the injury or the date of the last payment, depending on the worker’s state of residence. A qualified attorney can explain your state’s specific rules.

• What is the average payout for a workers’ compensation claim?

  Nationally, the average workers’ compensation claimant receives $21,800. Payouts range from $2,000 on the low end to upwards of $60,000 for well-compensated workers in high-income areas. The exact amount depends on the claimant’s average weekly paycheck, the extent of the injuries, and their state of residence. Individuals who accept an insurance settlement or initial offer typically receive less than those who negotiate or have an attorney represent them before an arbitrator or workers’ compensation judge.

• How are settlements calculated in workers’ compensation cases?

  Settlements typically cover current and future medical expenses, vocational rehabilitation or retraining, and two-thirds of lost wages. The total amount may vary depending on whether the worker’s disability is temporary or permanent. Workers’ compensation also pays death benefits, including funeral expenses and two-thirds of wages for up to 25 years or a state-specified maximum.

• What is workers comp?

  Workers' compensation is an insurance program that provides medical care, rehabilitation, and other benefits for employees who are injured or fall ill while performing assigned work duties. Common reasons for filing a workers' comp claim include slip and fall injuries, machinery accidents, or muscle strains while lifting heavy items.

  All businesses must carry some form of workers' compensation insurance, with minimum guidelines imposed by the state of residence. Workers' comp is intended to safeguard both the employee and the employer by providing a social safety net. This can protect companies from civil suits and guarantee that injured employees receive the benefits they need.

• What does workers comp cover?

  Workers' compensation insurance covers benefits associated with a wide range of accidents and illnesses that may occur in a place of work. This can include:

  • Medical benefits, such as payments for treatments, hospitalizations, or surgeries
  • Compensation for lost wages while not working
  • Coverage for ongoing care, such as physical therapy
  • Continued access to benefits, including insurance provided through an employer
  • Disability benefits, if an injury results in a permanent loss of functioning in some manner
  • Death benefits and funeral expense coverage

  How and when workers' compensation coverage applies depends on the illness or injury in question and the results of a medical exam. An unsatisfactory ruling by an insurer can be appealed with help from a workers' comp attorney.

  
  

• What does a workers comp defense attorney do?

  A workers' compensation defense attorney is a legal professional who represents the employer in a workers’ comp case. Typically, the defense attorney works to minimize the employer’s liability and reduce the amount of benefits to be paid out.

• When does workers comp start paying?

  How and when workers' comp starts paying can depend on both the circumstances and the state in which an injury took place. In most areas, benefits related to medical care start paying out immediately, even before a claim is formally processed or accepted. Once a case is approved, injured workers may be entitled to other benefits, including coverage for lost wages.

• How much is workers comp insurance for self-employed people?

  Workers' compensation isn't required for self-employed individuals, but those working in dangerous industries, such as construction or manufacturing, may choose to purchase policies. In some cases, employers may request this coverage when hiring a contractor. While costs will vary based on industry and location, most freelancers can expect to pay around $25 to $50 per month.

• How do I file a workers comp claim?

  A workers' comp claim is best filed as soon as an injury occurs. In some states, there are time limits, such as one month following an incident.

  After an injury, an employee must notify their employer. The employer must then provide access to the necessary forms and offer guidance. Employees must fill out all forms and return them to the employer who then files them with the insurer. Some states have additional requirements, including assessment by a medical provider. Once the paperwork has been filed, the insurance provider issues a ruling. If the ruling is unfavorable, the employee may choose to appeal the decision with the support of an attorney.