Have you, or a loved one, been injured at work or injured in a work related auto accident or in a workplace slip and fall accident in Anderson County, South Carolina? Have you suffered the loss of a loved one in a fatal workplace accident? According to South Carolina workers’ compensation law, personal injury and car accident law you may be entitled to benefits and financial compensation for your injuries, medical bills, lost wages and, if applicable, pain and suffering. If anyone died in the accident their estate may be eligible for death and funeral benefits. To learn more about your rights, how to protect them and what benefits you may be entitled to you should contact an experienced Anderson County workers compensation lawyer.
Contact Anderson County, South Carolina Workers Compensation Attorney Ryan Montgomery today for dedicated workers compensation representation. Mr. Montgomery provides effective legal representation to workers from all fields of industry throughout all of upstate South Carolina including Anderson County, Greenville County and Spartanburg County. Whether you are a construction worker injured while on a job site or an office worker injured on the job, he will provide the quality legal representation you require. Mr. Montgomery has been handling workers’ compensation cases for many years in Anderson County and will put his litigation experience and in depth knowledge of South Carolina Workmans’ Compensation law to work for you.
Injury Claims Mr. Montgomery Handles
Over the course of his legal career Anderson Workers’ Comp Lawyer Ryan Montgomery has handled almost every type of accident, injury and wrongful death claim including, but not limited to:
Work related car accidents
Work related trucking accidents
Catastrophic injury claims
Third party liability claims
Workers’ compensation accidents
Wrongful death and fatal workplace accident claims
South Carolina Workers Comp Laws
In South Carolina, all employers with at least 4 employees are required to carry workers’ compensation insurance. The insurance provides coverage for workers who suffer a workplace injury or work-related disease. According to South Carolina workers’ compensation law both full-time, part-time and seasonal employees are eligible to receive workers’ compensation benefits if an on the job injury is sustained. While employees are not required to show that their employer was negligent, they must be able to show that their injury was work-related and they must be able to establish the extent of their injury. As with any type of insurance benefit, there is often a great deal of red tape as the insurance company fights to save as much money as possible by denying claims or minimizing the amount they pay on claims.
Concerns Regarding Work Comp Claims
Injured workers have very serious concerns related to their claims as do those injured in car accident and premises liability (slip and fall accidents and animal attacks) accidents. Some common concerns are:
Can I be fired for filing a workers compensation claim?
Who will pay my medical bills?
When will my benefits begin and how long will they last?
Will I ever be able to return to work at full capacity?
How do I properly report an injury at work?
What if my employer does not have workers’ compensation insurance?
What if I was in a car accident and the other driver does not have car insurance?
Can I afford a workers comp, auto accident or personal injury attorney?
As your Anderson South Carolina workers compensation attorney Mr. Montgomery will answer all of these questions as well as any others you may have. He prides himself on his ability to provide excellent service to my clients through routine and effective communication.
Document Your Injury Immediately
Many injuries suffered in the workplace may initially bruise your ego more than anything else. With that, you may think you are fine after the accident and not report the injury or get proper medical care. Neglecting to report the injury immediately and neglecting to see a doctor or go the emergency room can jeopardize your workers’ compensation claim. For instance, you slip and fall while at work on a Friday afternoon. Initially you feel ok but over the weekend your back begins to hurt, you have a headache that will not go away and your knee is swollen due to the fall. Each day it gets worse and Monday you want to report the injury. In a scenario such as this you may be denied workers’ compensation benefits as the injury was not reported when it happened on Friday afternoon. Also, since you did not seek medical care when it happened that will increase the odds of your claim being denied. Rather than go through all of this aggravation it is always a wise move to thoroughly document and report your injury to your supervisor, manager or team leader. From there you should seek medical care and the speak to a skilled workers’ compensation attorney serving Anderson, Greenville and Spartanburg areas.
Get Maximum Compensation
Anderson South Carolina Workers’ Compensation Lawyer Ryan Montgomery handles workers’ compensation, auto accident and personal injury claims throughout all of upstate South Carolina. With that he can pursue the full compensation you are entitled to receive by law. While workers’ compensation is generally the sole remedy a worker has against their employer, an employee may have the ability to file a personal injury lawsuit against a third party that played a role in a workplace accident. In this manner, the injured worker is able to not only recover for lost wages and medical expenses but I can recover for pain and suffering, loss of earning potential, loss of consortium (a claim your spouse can make when they are affected adversely by your injury) and other benefits not available under the workers’ compensation act.
Work Injuries and Occupational Disease
Workers’ compensation benefits are available to workers who are injured because of a work-related accident, repetitive physical or mental stress arising from their job, or a work-related disease (sometimes called an occupational disease). Whether you have suffered a repetitive trauma injury, complex regional pain syndrome, back or neck injury, brain injury, spinal cord injury, paralysis, disfigurement, loss of limb or other work-related injury, Mr. Montgomery will aggressively pursue the full compensation you are entitled to receive.
S. C. Workers’ Compensation Benefits
There are a number of different benefits an injured worker may be entitled to in South Carolina once their claim is filed. Depending on the claim and severity of injury these may include:
- Temporary partial disability
- Temporary total disability
- Scarring and disfigurement
- Specific loss
- Medical expense reimbursement
- Lump sum payments
- Widow’s benefits
- Death benefits
Workers’ Compensation Claim Denied?
If you are an injured worker in Anderson County, SC and have been denied workers’ compensation benefits, it is imperative that you consult with an experienced workers’ compensation attorney. It is important to bear in mind that workers’ compensation laws exist solely to protect injured workers and their rights. Just because an insurance company denies or ignores your claim and doesn’t want to pay, that doesn’t mean you cannot, or will not, be able obtain the get benefits and financial compensation you are entitled to. Sometimes, particularly in cases where an injured worker files the claim themselves, the insurance company doesn’t have all the information it needs and they deny your claim. In other cases there is no reason for them denying you benefits. In either situation you need skilled legal representation provided by a South Carolina workmans’ compensation attorney.
There are several ways your South Carolina workers’ compensation claim can be denied. These are:
1) Receiving a Notice of Compensation Denial
2) Receiving Notice Stopping Temporary Compensation
3) Blatantly being ignored by your employer’s workers’ compensation carrier
Working with Anderson County Workers Compensation Lawyer Ryan Montgomery is a wise move as he has a very in depth knowledge of South Carolina workers’ compensation law. He will thoroughly analyze all aspects of your claim to make sure that you receive all of the benefits you are entitled to. In some cases this entails filing a Workers’ Compensation Claim Petition, and beginning the process of having your claim decided by a Workers’ Compensation Judge. In other cases Mr. Montgomery may simply need to make a few phone calls to get your claim filed properly. It is important to understand that each work comp case is unique. Regardless of the situation, every case is different, and you need a certified workers’ compensation attorney who will examine the facts and advise you how to proceed.
What If Employer Is Uninsured?
Despite there being strict laws and penalties in place many South Carolina employers are not current on their workers compensation insurance. Like other insurance policies missing payments can result in the policy being canceled. In other situations employers may not carry the insurance at all due to negligence. Both of these situations are illegal but there is hope if you have suffered a workplace injury and your employer does not have workers’ compensation coverage.
Filing a claim under these circumstances is slightly different than a traditional workers’ compensation claim and should only be handled by an experienced workers compensation attorney. Protect your rights by contacting Workers Compensation Attorney Ryan Montgomery to discuss how he can help you file your claim.
Your Responsibility After A Work Injury
After an on-the-job injury, it is important to know what your responsibilities are, as well as what you are entitled to. Many injured workers realize before long that it can be a challenge to tap into workers’ compensation benefits without knowledgeable guidance. They realize the benefits of consulting with a workers’ compensation lawyer from the earliest stages. This is especially true if injuries are quite serious.
Following is a simplified set of guidelines about what to do if you have been injured on the job. Feel free to contact Ryan Montgomery, Attorney at Law, LLC, for more information about processes involved in collecting workers’ compensation after an on-the-job injury in South Carolina.
First and foremost: Report your injury to your employer as soon as possible. There is a very short time period by which you must report your workplace injury to your employer in order to receive workers’ compensation benefits that you are entitled to. In the case of a repetitive stress injury, you should report the injury as soon as you have become aware of it. The legal time limit for reporting a workplace injury in South Carolina is 90 days, but it is best to report your injury much sooner than that.
Secondly, get medical evaluation and treatment in a timely manner. Even if you do not believe that your injury is serious, you should get it checked out by a doctor in order to preserve your right to treatments that you may end up needing. In South Carolina, your employer or your employer’s workers’ compensation insurer can select your medical providers. If you sense that the designated doctors are not providing proper medical treatment, talk to an attorney.
In order to get the most out of your workers’ compensation benefits, it is important to understand your rights and what you are entitled to, including:
- Payment of necessary medical care by the insurer
- Wage benefits payable to you when you are unable to work because of your injury
- Vocational rehabilitation as necessary
- Freedom from retaliation by your employer
Remember that by law, your employer cannot fire you simply because of your injury. If your workers’ compensation claims are denied, you have a right to appeal. Protect your rights by knowing what they are.
Call An Anderson Work Comp Lawyer
Dial (864) 373-7333 today to speak with Anderson County Workers Compensation Attorney Ryan Montgomery regarding your case. Mr. Montgomery offers free consultations to those injured at work or on the job in Anderson County, Greenville County and Spartanburg County, South Carolina. What’s more is that he handles accident and injury claims on a contingency fee basis meaning no fee is charged unless he recovers for you.
Anderson County Workers Compensation Lawyer Mr. Montgomery has ample experience handling workers’ compensation, personal injury, auto accident and DUI cases in all of Anderson County, South Carolina, Greenville County, South Carolina and Spartanburg County, South Carolina.