Best Workers Compensation Attorneys in North Charleston

FAQs

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

  Call 843-743-7200 for non-emergencies in North Charleston.

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

  For details on how to collect police report copies, call the Administrative Services Division at 843-740-2831 and ask for the Records Unit. Additionally, make a request online at https://arc.northcharleston.org/FOIA/Login.php. You can also visit the North Charleston Police Department's Central Bureau at the City Hall on City Hall Lane.

• What should you do during your first appointment with the treating doctor in a workers' compensation case in North Charleston?

  Make sure to tell the treating doctor all the injuries you got from your work in North Charleston since this will become important if you will request a hearing because you do not agree with the medical care you have been given. More importantly, answer the doctor's questions clearly about any prior injuries and pre-existing conditions you have.

• Can you sue an employer in North Charleston for a workplace injury?

  Generally, an employee in North Charleston cannot file a lawsuit against their employer for work-related injuries. Workers' compensation laws in the state give benefits to injured employees without going to civil court. However, there are limited cases wherein a worker can hold their employer liable. These can be in situations such as unlawful treatment, gross negligence, or non-compliance to workers' compensation laws.

• Is it possible to be fired from your job in North Charleston while under workers' compensation?

  Yes, it is possible to be fired from your job in North Charleston while under workers' compensation because North Charleston adheres to the state's employment-at-will regulations. Any employee with at-will employment can be terminated from work with or without reason at any time. Receiving workers' compensation does not guarantee that an employee will be exempt from the termination of at-will employment. However, employers are prohibited by law to terminate an employee because of filing a workers' compensation claim.

• What happens if the doctor orders the injured employee in North Charleston to take a leave of absence from work?

  The accredited doctor must furnish a note to the injured employee in North Charleston about how long the recovery period and time off work shall be. A copy of this note must be provided to the employer. When the time off work exceeds seven days, the employee will receive temporary compensation to be given on the eighth day after the start of not going to work. However, if the inability to work exceeds fourteen days, the employee will receive benefits from day one.

• What types of medical expenses will be covered under workers' compensation in North Charleston?

  All the health care expenses required to treat the work-related injury in North Charleston will be covered. These include ambulance fees, prescription medicine, and diagnostic procedures. Physical or occupational therapy, mental health counseling, rehabilitation, and medical equipment costs will also be paid for by workers' compensation. In addition, expenses for home accommodations, out-of-pocket costs, and future medical care are compensable.

• 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.