Filing a Workers' Compensation Claim

January 4, 2024

Sustaining a work-related injury can be challenging for any employee. It can affect your physical, emotional, and financial wellbeing. Thankfully, the Workers’ Compensation Act in South Carolina exists to cushion employees from the financial impact of injuries sustained while on the job. If you file a workers' compensation claim, there are a few things you should expect. This post will explore the processes involved in filing a workers' compensation claim, why hiring an attorney is recommended, and how Jason Ward Law can help you navigate the legal aspects of the process.


1. How to File a Workers' Compensation Claim

The first step in filing a workers' compensation claim is to inform your employer immediately after the injury or illness occurs. If your employer has provided you with a written notice explaining the benefits available under the South Carolina Workers’ Compensation Act, follow the steps outlined to file a claim. If your employer has not provided you with these details, you should notify your employer in writing as soon as possible. Your employer should provide you with a claim form, which you should complete and submit. Kindly note that South Carolina law does not require you to use an attorney to file a workers' compensation claim. However, we recommend that you seek legal counsel.


2. Why You Should Hire an Attorney to Help

Workers' compensation claims are quite complicated and involve many legal technicalities that may be difficult to understand. Hiring an attorney with experience in workers' compensation claims will ensure that you are seeking accurate compensation. An attorney can help with the claim process, represent you at workers' compensation hearings, negotiate a settlement, and much more.


3. How Jason Ward Law Can Assist You

At Jason Ward Law, we have the experience necessary to guide you through the complicated process of filing a workers' compensation claim. We will handle the paperwork, represent you at any necessary hearings, and advise you on your options going forward. We will work diligently to ensure that your rights are well-protected, and your interests are well-represented.


4. What to Expect After Filing a Workers' Compensation Claim

After filing a workers' compensation claim, you will receive an acknowledgment letter from your employer’s insurance company, which will contain the case number and the name of the insurance adjuster assigned to your claim. You may also receive a request for additional information to support your claim. If your claim is approved, you will start receiving benefits, such as medical treatment and wage replacement, as determined by your doctor’s evaluation. The length and amount of your benefits depend on the severity of your injury and your ability to work.


If your claim is denied, you have a right to appeal the decision. An attorney can help you appeal your case and protect your rights and interests.


Filing a workers' compensation claim can be a rigorous process that involves complex legal issues. Hiring an experienced attorney can help make the process smoother and ensure that your rights are well-protected. At Jason Ward Law, we have the experience, and resources to assist South Carolina residents in matters related to workers’ compensation. Call us today for a consultation and let us help you.


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