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Knowledgeable Attorney in Columbia

Frequently Asked Questions

FAQs

I was hurt on the job. How long do I have to make a claim?
Generally, you have two years to file a claim with the South Carolina Workers’ Compensation Commission. When you are hurt on the job, you should notify your immediate supervisor as soon as possible so your employer can open a workers’ compensation file with the insurance company. An attorney can file a claim on your behalf and can help you with your workers’ compensation claim.

It was my fault that I was injured on the job. May I still receive workers’ compensation benefits?
Yes. Workers’ compensation is generally a no-fault system and injured workers may receive benefits even if they are at fault. An experienced attorney can help you.

I would like to hire an attorney but am afraid of what it will cost. Do I have to pay to talk to someone at your law firm?
No. We never charge clients for an initial consultation and are always happy to talk with you to see if we can help with your case. If we think we can help you, then our fee is based on a percentage of what we are able to recover. We can discuss your case with you and answer all of your questions concerning attorneys’ fees and costs before you are ever charged anything.

I was injured because my employer was negligent. May I receive workers’ compensation benefits and sue my employer?
No. Workers’ compensation is no-fault. It is generally not possible to sue your employer even if they caused your injury. An experienced attorney can talk with you and assist you with other options that may be available to you.

I was hurt on the job and told my employer and supervisor about my injury, but I recently received a letter from an insurance company denying my claim for workers’ compensation. Is this the final word?
No. Just because the insurance company denied you benefits (as they typically do), that does not mean you have no legitimate claim. You have the right to file a claim with the South Carolina Workers’ Compensation Commission, and the Commission makes the ultimate decision about whether or not you are eligible for workers’ compensation benefits. An experienced attorney can help you with this process and can file the paper work for you.

I was hurt on the job, but my employer told me they did not have workers’ compensation insurance. Is there anything I can do?
Yes. In South Carolina, all employers who regularly employ four or more employers are required to maintain workers’ compensation insurance. If an employer fails to have workers’ compensation insurance, a special fund known as the Uninsured Employer’s Fund is responsible for payment of the claim. The Uninsured Employer’s Fund may then pursue the employer for repayment of any money that was paid out on the claim.

I do not like the doctor chosen by workers’ compensation. Can I see another doctor?
Yes and no. You are always free to see a doctor of your choosing. However, under the South Carolina Workers’ Compensation Act, the workers’ compensation insurance company has the right to pick the doctor or medical provider you see. This means that if you see another doctor, the workers’ compensation insurance company is not necessarily obligated to pay for these visits. However, an experienced attorney can often help you find a second doctor willing to help you.

The insurance adjuster has already offered to settle my case with me. Should I still seek the advice of an attorney?
Yes. Even if you are offered a settlement, it is wise to seek the advice of a qualified attorney. An attorney can assist you in determining whether the settlement you have been offered is fair and reasonable. The Law Offices of Robert Dodson, P.A. never charges a fee unless we are able to recover more for you than the insurance company has already offered.

I am getting my weekly benefits and getting medical treatment. Should I still consider hiring an attorney?
Yes. Even if you are getting medical benefits and weekly checks, it is a good idea to consult an attorney. As you probably know, the insurance company handpicked the doctor you are seeing and is communicating with the doctor to help ensure that they pay you as little as possible.

I was hurt at work in an automobile accident. Can I still file a workers’ compensation claim and can I still recover against the driver who caused the accident?
Yes and yes. If you are injured on the job in a car accident, you may still be able to receive workers’ compensation benefits even if the accident was your fault. If the accident was not your fault, you may also be able to recover against another driver. An experienced attorney can help with this process.

I was hurt because of a defective product or machine at work.  Can I receive workers’ compensation benefits and recover against the product manufacturer?
Yes and yes. Just as if you were injured at work in an automobile accident, you may still recover under the South Carolina Workers’ Compensation Act as well as file a claim or lawsuit against the party who ultimately caused your injury. An experienced attorney can help with this process.

I work for the government. Can I still file a workers’ compensation claim?
Yes. State and local employees are subject to the South Carolina Workers’ Compensation Act. Most federal employees are subject to different federal laws but may still be entitled to benefits. An experienced attorney can assist with workers’ compensation claims for injured government employees.

I was injured in a car accident through no fault of my own but was denied compensation or offered reduced compensation. Can I seek legal help?
Yes. If you were promised compensation for your personal injury and car accident, you may be entitled to full compensation. With insurance companies looking out for themselves first and you second, you have the right to seek full support in the event of a shortfall. Find out today if you qualify and receive a free consultation from our dedicated office.