Have you been injured at work? If so, you are entitled to file for workers’ compensation under the laws of South Carolina. In fact, you cannot be prevented from filing. But one of the many “dirty tricks” used by some bosses and some insurance companies is to tell you the opposite — that you cannot file for workers’ compensation or that you are “ineligible.” Do not fall for the tricks. Hire tough and hard-nosed Greenville SC workers’ compensation attorneys like those at the law offices of David R. Price, Jr., P.A.
Here is a quick list of common “excuses” and “tricks” used by employer and their insurance carriers to deny you the benefits to which you are entitled.
Greenville SC Workers’ Compensation Attorneys — Common Tricks and Excuses
Almost every employer in South Carolina is required to carry workers’ compensation insurance. Because benefits are paid through the insurance company, many insurance companies will do anything possible to deny your claim, reduce your claim or delay your claim. In a similar way, some employers will do the same thing because the insurance premiums are based on how many claims are made. So even though employers are not paying the benefits, they DO have an incentive to play games and make excuses and engage in dirty tricks to avoid benefit claims. Do not fall for tricks or for excuses like these:
- Telling you to “wait and see” if you get better or recover — do not fall for this; get medical attention and file your claim.
- Flat out telling you that you are ineligible for benefits — that is for the workers’ compensation board to determine, not your employer or the insurance company.
- Telling you that your specific condition is not eligible — that is false; if the injury is work-related, it is covered.
- Threatening to fire you — or reduce your hours — if you make a claim — do not fall of it; retaliation is illegal.
- Pressuring you to quit — same, this is a form of illegal retaliation.
- Telling you that your injury is pre-existing and not work-related — that is for the doctors to determine.
- Telling you that the accident was “your fault” and so you are not eligible — this is false; benefits are paid regardless of who is at fault.
- Demanding “proof” of your injury before you are “allowed” to make a claim — if you are injured at work, file your claim; “proof” is for the doctor’s to provide and comes after you file.
- Demanding you go to the company’s preselected physician first — you do not need your boss’ permission or the permission of the company’s physician to file
Note that all of these tricks and excuses are made before you even file. After you file, many of these tricks will continue and new tricks and excuses will be made. For example, they might hire private investigators. Also, with the prevalence of social media, your boss and the insurance company may try and track down online photos and online comments that you have made to use against you. Maybe they will find innocent photos of you at a party and then say: “He says he is injured and in pain. So, why is he partying?” See an example case here. Do not let this happen to you. Protect yourself and hire tough workers’ compensation attorneys to fight by your side.
Greenville SC Workers’ Compensation Attorneys: What Your Trusted Attorney Does
A workers’ compensation case can be tough to navigate successfully. As an example, let’s say your boss and the insurance company argues that your injury is pre-existing and not work-related. Under those circumstances, your talented Greenville SC workers’ compensation lawyers will work to gather all the needed evidence and gather the correct TYPE of evidence such as:
- Doctor’s reports
- Medical records
- Evaluations showing your medical history
- Lab tests and scans (x-rays, CAT scans, blood tests)
- Medical histories — general and injury/disease specific related
- Onset and progression reports
- Prognosis reports
Further, if there is a gap in the evidence, your lawyers may direct you to have additional tests and examinations done. Further, often there is an independent medical examination required. Your talented lawyers will know what is “correct” and what is not “correct” in the report that is prepared by the independent medical examiner. At minimum, your lawyer will be able to determine what is different in the report from what is in your medical records. Finally, your lawyers can present and explain the evidence and the medical records to the decision-makers at the Workers’ Compensation Commission.
As you can see, it is imperative for you to hire a great Greenville SC workers’ compensation attorney.
Greenville SC Workers’ Compensation Lawyer: David R. Price, Jr., P.A.
If you have been injured at work, call the skilled Greenville SC workplace injury lawyers at David R. Price, Jr., P.A. We are ready and able to help you with your workers’ compensation claim today. Do not delay since there are short deadline for notice and filing. Email us today or call our offices.
David Price is a Personal Injury, Civil Litigation, Collections, and Criminal Defense Attorney who practices in Greenville, SC. He graduated from the University of Georgia School of Law, and has been practicing law for 12 years. David Price believes in helping those who have been injured. Learn more about his experience by clicking here.