When you are in an accident at work or develop an injury over time as the result of your job, you may be entitled to workers’ compensation benefits. Under South Carolina law a workers’ compensation claim differs from a personal injury claim in that you will not need to prove that your employer was negligent or was at fault. Workers’ compensation is a no-fault system in South Carolina. As a result, you can receive compensation for any type of work injury to help you cover the costs. With that in mind it stands to reason that you would want to enlist the help of an experienced Greenville Workers Compensation Lawyer to ensure you get and any all benefits and forms of compensation you are entitled to under South Carolina workers compensation law.
Greenville Workers Compensation Lawyer Ryan Montgomery is committed to helping clients who have been injured at work throughout Anderson County, Greenville County and Spartanburg County. Named as a South Carolina Super Lawyer in the area of workers’ compensation, Mr. Montgomery knows how to protect you, your health and your future after an accident on the job. To speak with him about your workers’ comp claim in a free consultation, contact him by dialing (864) 373-7333.
Types of Workplace Accidents
Injured workers may receive benefits in a variety of circumstances:
- Common injuries from the performance of work duties
- Construction accidents
- Fatal work accidents
- Factory injuries
- Occupational illness or disease
- Going and coming rule injuries
- Work-related accident injuries (e.g., slip-and-falls, falling objects, explosions)
If you have suffered a work injury or illness and you require legal representation, contact our law firm. Attorney Ryan Montgomery represents clients throughout upstate South Carolina in workers’ compensation claims.
S. C. Workers’ Compensation Process
In the aftermath of a work-related injury, you will be facing a number of challenges. In addition to the physical recovery and lost wages, most injured workers face significant challenges in the workers’ compensation process. Without experience in this specific area of law, most people have no idea where to begin the process or how to protect their own interests and right to fair compensation for the injuries or illnesses they have suffered.At Ryan Montgomery, Attorney at Law, LLC, we can help. We have a wealth of experience representing injured workers in and around Greenville, South Carolina. We understand the significant challenges you are facing, and we will do everything we can to help you obtain the compensation you deserve.
If you have been injured or have become ill at work, it is important for you to have some understanding of the process ahead and to know what you will need to do to protect your rights.
- Medical attention: If you have been in a serious accident or are ill, the most important first step is to seek medical attention right away.
- Reporting your accident: To make a claim, you will need to report the incident to your employer within 90 days.
- Employer-directed medical care: At this point, if your case is admitted, you will receive medical care directed by your employer and its insurance carrier. In many cases, the assessments made and medical care recommended by “the company doctors” will be conservative and will fail to treat every aspect of your long-term symptoms and complications.
- Claim denials: In far too many cases, legitimate employee injury claims are denied outright. Either they claim there are no injuries or that the injuries did not happen at work.
We have seen many instances in which injured workers received inadequate medical care or the outright denials of legitimate claims. Talk with a lawyer right away. We can help you with any aspect of the process, from the initial claim through all types of workers’ compensation appeals.
Appealing S.C.Workers Comp Claims
A work-related illness or injury is stressful enough, but this stress only increases if your legitimate workers’ compensation claim has been denied. If your workers’ compensation claim has been denied, talk with a lawyer right away who can help you through the appellate processes. Spartanburg Workmans’ Compensation Attorney Ryan Montgomery will help you understand the options available to you and walk you through the complex legal process of securing full and fair compensation for you. We have a wealth of experience representing clients in all types of workers’ compensation appeals throughout Greenville, South Carolina.
Since they both use the term “appeal,” many people confuse the two main types of appeals available in workers’ compensation claims:
- Appealing within the system: The workers’ compensation system in South Carolina allows for appeals. This is different from an appeal within the court system. A workers’ compensation appeal of this type involves another agent within the system reviewing the facts and evidence to reconsider a claim denial.
- Bringing the case to a higher court: This is a civil within the appellate court system. This is the same legal process as an appeal of any type of civil case, like a personal injury or other tort claim. An appeal of this kind involves an appellate judge reviewing the case from a legal standpoint to determine whether the decision should be overturned.
At Ryan Montgomery, Attorney at Law, LLC, we can represent you through both types of appeals if that’s what it takes to help you obtain the compensation you need after a work-related injury.
S. C. Workers Comp Retaliation Laws
One of the reasons that many workers fail to report their workplace injuries in a timely manner is that they are afraid of being fired. They may believe they have a valid workers’ compensation claim – but fear losing their vitally necessary paychecks. In fact, under most circumstances, it is illegal for an employer to fire a worker in retaliation for filing a claim.
If your employer unfairly lets you go after you report an on-the-job injury and file for workers’ compensation benefits, that employer may be guilty of illegal retaliatory discharge. An experienced workers’ compensation attorney can guide you as to how to protect your right to sue your employer for committing this violation of labor laws if that becomes necessary.
The Importance Of Having A Lawyer
This is not to say that the company you work for may not try to fire you after you have been injured on the job. What it does mean is that you should consult with an attorney as soon as possible after you have suffered a serious injury on the job. Knowing your rights is a key step in protecting them.
Initial consultations at Ryan Montgomery, Attorney at Law, LLC, in Greenville, South Carolina, are free and carry no obligation of further representation. Talk to attorney Ryan Montgomery to learn how to protect yourself from becoming a victim of illegal retaliatory discharge in South Carolina. For example, you can take steps early in your workers’ compensation case to set the scene for a lawsuit if that becomes necessary. Doing the right things at the right time may prevent a lawsuit – and deliver the results you are looking for.
Whether you’ve been injured on the job, in a motorcycle accident or a car accident, one of the primary methods used by insurance adjuster to “investigate” a claim is to ask you for a recorded statement. But was is a recorded statement and what is its purpose?
A recorded statement is just what it is says it is, a “recorded statement”. These statements usually occur over the telephone but can also appear in person if the insurance company uses a field adjuster. A recorded statement is an informal question and answer session where you are asked questions about a claim by the insurance adjuster and is recorded. It is not required in most insurance policies, but insurers do it anyway, calling it a “duty to cooperate”. According to the insurance adjuster, a failure to give the tape recorded statement can cause delay in processing the claim.
What is the Purpose of a Recorded Statement?
The insurance company will tell you that the purpose of the recorded statement is to gather facts about the accident so that they can properly process the claim. These statements usually take place immediately after the accident before the full effects of the injury are felt. Giving a recorded statement where you say you are fine, can only hurt you later if your injury progresses. The purpose of the statement is to get facts that will ultimately help the insurance carrier limit the amount of money they pay out to you or even deny your claim.
Before you give a recorded statement, contact a Greenville accident lawyer. Ryan Montgomery Attorney at Law, LLC offers free consultations and will assist during the recorded statement itself.
Meet Our Workers’ Compensation Lawyer
Greenville Workers Compensation Lawyer Ryan Montgomery is a dedicated workers’ comp attorney with more than a decade of legal experience. He has a strong knowledge of South Carolina’s workers’ compensation laws and will work diligently to pursue the full benefits you are entitled to receive. He can help if you have sustained any bodily injury, including an injury to your back, neck, knee, shoulder, leg, arm, wrist or shoulder. In addition he also has experience successfully handling claims dealing with hearing loss and vision loss. His workers’ compensation claim handling experience can includes helping those who have sustained an occupational disease from asbestos, mold or toxic chemicals that you were exposed to at your workplace.
If you have been injured on the job, do not delay. There are steps you must take to protect your rights and obtain the benefits you are entitled to receive. You have just 90 days to report your injury to your employer and just two years to file a claim.
Contact Ryan Montgomery, Attorney At Law, LLC – Located in South Carolina
To schedule your free consultation with Greenville workers’ compensation attorney Ryan Montgomery, dial (864) 373-7333. You may also contact him by email.