Charleston Workers Compensation Lawyer, SC
Workers’ compensation gives most workers the right to compensation for some of the losses they suffer from job accidents. Unfortunately, injured workers sometimes face obstacles in exercising this right. If you have been injured on the job, The Joel Bieber Firm can help you navigate the claims process and receive the compensation value you deserve. Call our Charleston office today to speak with a Charleston workers compensation lawyer.
Compensation for Injured Workers
For over many decades now, workers who are injured on the job have had their medical costs and lost wages covered by workers’ compensation insurance.
Workers’ compensation is mandatory at most places of work in West Virginia, and it automatically covers a sizable portion of an injured worker’s economic losses, including medical bills and a percentage of their income while out of work.
However, workers’ compensation does not cover all of the harm workers experience. For example, it does not provide coverage for non-economic losses, such as mental anguish, sorrow, and loss of companionship.
In most cases, injured workers cannot seek compensation for these losses, even if the employer was negligent. Employers who have workers’ compensation insurance generally can’t be sued for negligence.
Workers’ compensation insurance covers all necessary medical treatment for your injuries, which may include ambulance services, hospital stays, direct medical treatment, testing, surgery, prescriptions, or rehabilitation.
In West Virginia, injured workers receive treatment for their work injuries from doctors chosen by their employers. If an employee fails to get medical treatment after a workplace injury, their workers’ compensation claim will likely be denied.
Charleston workers receive wage replacement for some of the time they spend out of work. Injured workers are entitled to two-thirds of their weekly wage while out of work. However, there are some important considerations to keep in mind.
First, some injured workers can still work, but less than before their accident. They have what is known as a temporary partial disability (TPD). Others, however, are unable to work at all, but are only temporarily injured. They are classified as having a temporary total disability (TTD).
Workers with a TPD will receive two-thirds of the difference in the wage they receive while injured and their pre-injury wage. Those workers with a TTD will receive two-thirds of their total wage replaced. However, there is a maximum payout for any worker, regardless of their normal wage.
Neither TPD nor TTD payments are indefinite. They cease as soon as an injured worker is fit to return to work or when a doctor determines they have reached a point in their treatment where further improvement is unlikely.
Compensation for Permanent Disabilities
Sometimes, a worker’s injury leads to a permanent disability, which can be categorized as either a permanent partial disability (PPD) or a permanent total disability (PTD).
Workers’ compensation takes these cases into account and provides weekly payments to these workers for extended weeks, depending on the extent of their disability. Under no circumstances can PPD payments continue for more than 340 weeks from when the injury occurred. PTD payments are afforded a maximum of 500 weeks.
Third-Party Lawsuits - Charleston Workers Compensation Lawyer
In most cases, it is impossible to sue your employer after an accident. The only exception is if the employer commits an intentional act designed to harm. Otherwise, the employer enjoys immunity from injury suits.
However, there may be other parties an injured worker can sue, such as a negligent third party. A third party is anyone who is not part of the business but is present in some way.
For example, restaurants typically receive deliveries from food and equipment supply companies. If one of these drivers negligently drives their truck into a group of workers, then the driver and their employer may be liable for the entirety of the injured workers’ injuries, including noneconomic harm like mental anguish and loss of companionship.
Similarly, that same delivery driver could sue a negligent driver for damages if the negligent driver injures them in a crash.
How Our Charleston Workers Compensation Lawyer Can Help
Many challenges present themselves during the compensation process. Our Charleston workers compensation lawyer have helped clients overcome each and every obstacle that typically presents during the process.
Some of these challenging issues include:
- Claim denials
- Disputes with doctors over injuries
- Problems with employers, from retaliation to unreasonable reporting delays
At The Joel Bieber Firm, we fight to make sure our clients receive complete access to the benefits they are entitled to after suffering an injury at work. If you have been injured at work, call for a free consultation and let our Charleston workers compensation lawyers help you take the next step.
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WHAT IS MY CASE WORTH?
Frequently Asked Questions
Report the accident to your employer and seek medical attention. Under no circumstances should you forgo immediate medical care. You need to treat your injuries as well as establish an official medical report detailing them.
You have 90 days to report your injury to your employer, but it’s best to do so immediately after an accident. You then have two years to file a claim from the time of the injury. However, waiting too long after an accident to take legal action can be detrimental to your case.
Yes. There are no upfront costs for our Charleston workers’ compensation lawyers. Their fee comes from your settlement, which means you pay nothing if you receive nothing.
Contact The Joel Bieber Firm today to speak with an experienced Charleston workers’ compensation lawyer. You can rely on us to pursue the maximum claim payout for your case. You deserve nothing less.