Answering Questions About Filing a Workers’ Compensation Claim

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Workers’ compensation is designed to reimburse you for medical care, rehabilitation and lost wages if you have been injured on the job. For millions of people filing workers’ comp claims, this money can make the difference between getting by and a daily struggle to make ends meet.

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Remember, Green Law Firm can help you navigate your claim stress-free and with ease! We can help you get the max settlement for your injury. Do you have questions about the process? Here are some easy answers to some common workers’ comp questions you may have.

How Do I File a Workers’ Comp Claim?

The first step in filing your claim is to get the immediate medical attention your injury requires. Then, make sure to tell your employer as soon as you can! In the state of South Carolina, you have 90 days to report this injury. Don’t delay! Ninety days may feel like a long time but, in this hectic time, the days will fly by faster than you know. In most cases, your employer will have claim forms on hand for you to fill out; once you fill the forms out, your employer will submit them.

Be aware that your employer may dispute your claim! It is not uncommon for employers to do their best to fight your benefits because they do not want their rates to increase. The best way to combat this is to secure the services of an experienced workers’ comp lawyer who can help you fight for the compensation you deserve! Good documentation and detailed medical records of your injury and the treatment you are receiving will be essential here.

Can I File a Claim If I’ve Quit My Job?

Technically yes, however, filing a claim after you’ve quit your job doesn’t look good to the review board and can sometimes work against your favor. Employees who quit their employment aren’t able to get unemployment benefits. Filing a workers’ comp claim can be perceived as the way to collect a paycheck without getting unemployment while you take time off or find another job.

In this case, having rock-solid documentation that your injury occurred DURING work will be essential. Plus, you still have to make sure you adhere to all timed deadlines for filing and submission!

Why Was My Claim Denied?

Good question. This can be exceptionally frustrating! Here are a few reasons your claim could possibly be denied.

  • Missed deadline
  • Employer disputing the claim, saying your accident didn’t happen at work or was caused by issues outside of the job
  • Your injuries may not be deemed serious enough

If you have been denied a claim, the root of the cause could be administrative and related to a mistake on your paperwork. More likely, it is a dispute from your employer that has caused the denial. Bill Green has years of hands-on experience helping injured employees to secure their worker’s compensation payments! Green Law Firm can cut through the red tape, get the facts and help you through the appeal process; deadlines for filing your appeal are quick, and aggressive action will need to be taken!

How Is My Compensation Rate Determined?

You will most likely receive compensation at the rate of 66 ⅔ percent of your average weekly wage based on the four quarters before being injured. There IS a maximum weekly wage determined by the state of South Carolina! If you were working two jobs at the time of your accident, both sets of wages are taken into account when determining your compensation rate.

What Medical Treatment Am I Going to Receive?

While on workers’ compensation, you will be reimbursed for the medical treatment that is designed to lessen your disability. This can include surgery, hospital stays, medical supplies, any needed prosthetic devices and prescriptions. You are required to go to a doctor chosen by your employer or its insurance representative to receive payment for this.

If you are required to travel more than 10 miles round trip to receive medical care, you should also be reimbursed for trip mileage. You will receive reimbursement for this at the same rate allowed for state employees – 57.5 cents per mile traveled.

If you are unsure about the course of medical care that has been suggested to you or the diagnosis received, you can request to see another doctor through the insurance carrier. You may also make this request through a hearing with the commissioner.

I Was Only Helping out When I Was Injured, Can I Still File a Claim?

No. If you were volunteering or assisting at a job unpaid, you are not eligible to receive workers’ comp benefits. (link to page for workers comp eligibility)

What Is an Independent Medical Examination, and Why Does It Matter?

If a dispute arises when your claim is filed, you may be required to attend an independent medical examination to get an unbiased assessment of your condition. The IME is exceptionally important because its result can directly impact the outcome of your case!

The IME physician will be checking to see if your condition has been diagnosed properly and if you have the condition you filed a claim for. The physician will diagnose if the workplace was the actual cause of your injury. He or she will assign a percentage value to your injury to quantify how badly you are hurt; this percentage will be used to determine how much, if any, permanent disability benefit you will receive.

An IME doctor will also determine what work accommodations and restrictions you might need or if you will be unable to return to work at all!

Before your exam, you should:

  • Make sure to know your personal medical history
  • Be confident in the details of HOW your work accident happened
  • Educate yourself as to the treatments you have received for this injury
  • Think critically about your symptoms so you can convey them adequately

At the exam you want to:

  • Dress appropriately for your accident
  • Arrive early
  • Bring a companion with you who can witness the appointment and take notes as needed
  • Do not exaggerate your limitations, but be clear and honest about the things you can and cannot do

Remember, the most important thing to keep in mind at your IME is to be consistent with your injury and how this injury has affected your life!

Green Law Firm has a long history of helping injured employees to receive the workers’ comp they require and deserve! If you have been injured while on the job, contact us today for a 100-percent risk-free assessment of your case. We are compensated only based on what payments you receive. Call us at 888-800-2455 to get started today!

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