Getting hurt at work can leave you dealing with more than physical pain.
You may have medical appointments, missed paychecks, work restrictions, insurance paperwork, and questions about what happens next.
One of the first questions many injured employees ask is: Do I need a lawyer for a workers’ compensation claim in South Carolina?
South Carolina law does not require every injured worker to hire an attorney. Some straightforward claims can proceed without one.
However, when an employer or insurance carrier disputes your injury, stops benefits, denies medical treatment, or offers a settlement, having legal representation can become much more important.
Here is what you should consider before deciding how to handle your claim.
Can You File a South Carolina Workers’ Compensation Claim Without a Lawyer?
Yes. Injured workers can pursue workers’ compensation benefits without an attorney.
The process generally begins by reporting the injury to your employer. South Carolina law typically requires notice within 90 days of the accident, although employees should provide notice immediately or as soon as reasonably practical.
There is also a separate deadline for filing a claim with the South Carolina Workers’ Compensation Commission. An employee generally has two years from the accident to file a claim, subject to different rules depending on the condition.
Chandler Law Firm’s guide to filing a workers’ compensation claim in South Carolina explains these deadlines and the basic claim process in more detail.
If your employer accepts the claim, provides appropriate medical treatment, pays all benefits correctly, and you recover fully, you may decide that you do not need legal representation.
However, workers’ compensation claims do not always remain simple.
When Should You Consider Hiring a Workers’ Compensation Lawyer?
Whether you need a lawyer for a workers’ compensation claim in South Carolina depends largely on what is happening with your case. Several situations should prompt you to consider getting legal advice.
Your Claim Has Been Denied
A denial does not necessarily mean you are ineligible for workers’ compensation benefits.
An insurance carrier might dispute whether the accident occurred at work, whether your medical condition resulted from the accident, whether you reported it on time, or whether you qualify for benefits under South Carolina law.
Disputed claims can proceed to a hearing before the Workers’ Compensation Commission. At that point, medical records, testimony, wage information, and other evidence may become critical.
Your Medical Treatment Is Being Delayed or Denied
South Carolina workers’ compensation can provide medical treatment that is reasonably necessary to address a compensable workplace injury.
But disagreements sometimes arise over whether additional treatment, diagnostic testing, physical therapy, surgery, or specialist care is necessary.
Chandler Law Firm’s South Carolina workers’ compensation guide discusses authorized medical treatment and other issues injured employees may encounter after an accident.
If treatment is being denied while your symptoms persist, speaking with a workers’ compensation attorney can help you understand the procedures available to address the dispute.
Your Benefits Have Been Reduced or Stopped
Workers who cannot perform their jobs because of compensable injuries may qualify for wage-replacement benefits. Under South Carolina Code § 42-9-10, total disability compensation is generally calculated at 66⅔% of the employee’s average weekly wage, subject to statutory minimums and maximums.
Problems can arise when an insurance carrier disputes your average weekly wage, claims you are capable of returning to work, or seeks to stop ongoing benefits.
If your checks suddenly stop or the amount appears incorrect, it is important to find out why before assuming the insurer’s calculation or decision is correct.
For an overview of available benefits, read Understanding South Carolina Workers’ Compensation Benefits.
You May Have a Permanent Injury
Legal representation may become particularly valuable when a workplace accident results in lasting impairment.
After your condition stabilizes, a physician may determine that you have reached maximum medical improvement and assign an impairment rating. You may also receive permanent work restrictions.
These findings can affect permanent disability benefits and settlement negotiations. The impairment rating is important, but it may not be the only consideration in determining benefits available under South Carolina law.
If your injury prevents you from returning to your previous job or substantially affects your ability to work, understanding the full consequences of your medical condition before resolving the claim is important.
The Insurance Company Has Offered You a Settlement
A settlement offer may sound appealing, especially after months of medical treatment and financial uncertainty. However, accepting a settlement can affect your ability to pursue additional benefits later.
Before signing an agreement, you should understand:
- What benefits does the settlement resolve;
- Whether future medical treatment remains available;
- How permanent disability has been evaluated;
- Whether your wage information is correct, and
- What rights will you be giving up.
South Carolina law requires certain compensation agreements to be submitted to the Workers’ Compensation Commission for approval. Section 42-17-10 of the South Carolina Code addresses agreements regarding compensation and Commission approval.
If you have reached the settlement stage, reviewing the agreement with an attorney before signing can help you understand its legal and financial consequences.
What Can a Workers’ Compensation Lawyer Do for Your Claim?
A workers’ compensation attorney can do more than complete paperwork.
Depending on your case, an attorney may investigate the accident, collect medical evidence, communicate with the insurance carrier, evaluate benefit calculations, prepare Commission filings, negotiate disputed issues, and represent you at hearings.
An attorney can also identify issues you may not have considered. For example, if someone other than your employer caused your workplace injury, you may have a separate third-party claim in addition to workers’ compensation.
The goal is not simply to make the claim more complicated. It is to ensure you understand the available benefits, the required evidence, and the consequences of important decisions.
What Does a South Carolina Workers’ Compensation Attorney Cost?
Attorney fees in South Carolina workers’ compensation cases are regulated.
Under the South Carolina Workers’ Compensation Commission regulations, attorney fees must be reported and approved. Contingent fees are submitted to the Commission through a Form 61 Attorney Fee Petition.
Before hiring an attorney, ask how the fee arrangement works, what expenses you may be responsible for, and what happens if there is no recovery. Read the representation agreement carefully so you understand its terms.
When Might You Be Able to Handle the Claim Yourself?
You may feel comfortable proceeding without an attorney when your injury is relatively minor, the employer accepts the claim, medical treatment is authorized without difficulty, benefits are paid correctly, and you recover completely without permanent restrictions.
Even then, pay attention to deadlines and paperwork.
South Carolina workers’ compensation has procedural requirements that can affect your rights. A claim that starts simply can become disputed later, particularly when additional medical treatment becomes necessary or an employee cannot return to the same work.
How Do You Decide Whether You Need a Lawyer?
A useful question is not simply, “Can I handle this claim myself?”
Instead, ask whether you fully understand what benefits may be available and whether anything important is currently disputed.
If the insurer is questioning your injury, medical treatment, wages, ability to work, permanent impairment, or settlement value, the consequences of handling the matter incorrectly can become more significant.
You can learn more about Chandler Law Firm’s approach to workplace injury cases on its South Carolina workers’ compensation attorney page.
Talk to Chandler Law Firm About Your South Carolina Workers’ Compensation Claim
You are not legally required to hire a workers’ compensation attorney in South Carolina simply because you were injured at work.
But if your claim has become complicated, benefits are being disputed, or you are being asked to settle your case, getting legal advice can help you make an informed decision.
Chandler Law Firm represents injured workers in Myrtle Beach and throughout South Carolina. If you are wondering whether you need a lawyer for a workers’ compensation claim in South Carolina, the firm can review the circumstances of your claim and explain your options.
Contact Chandler Law Firm or call 843-448-4357 to schedule a consultation.
This article provides general information and is not legal advice. Reading it does not create an attorney-client relationship. Workers’ compensation matters depend on the facts of each case.
