Guidelines For Obtaining Workers' Compensation

Experiencing an injury while on-the-job can be very devastating. You may wonder how you going to pay all of your bills when you are unable to work. A solution to this problem would be to file a workers' compensation claim so that your employer would be responsible for your expenses incurred as a result of your accident. Follow these three steps listed so that you can get the compensation that you deserve.

1) Notify Your Employer.

If you are injured on the job, the first thing you want to do is notify your employer immediately. Within ninety days, you should inform your employer of your injury. Your employer is required to notify the Workers' Compensation Commission of your injury by filing a Form 12A: Employer's First Report of Injury. Workers' Compensation terminology can be somewhat complex, so it is important to look up any words related to Workers' Compensation on the Internet.

2) Seek Medical Treatment.

Just as important as notifying your employer of your injury, is seeking medical treatment immediately. Even small injuries should be seen by a medical doctor. A cut or bruise may seem small at first, but you could have internal issues that could get worse without treatment. Make sure to get all excuses for missing work from your treating doctor in writing.

3) Consult With An Attorney.

Another thing you may want to do is seek legal advice from a reputable worker's compensation attorney. Even if your employer has accepted liability and agreed to pay your lost wages and medical bills, it is important that you speak with a knowledgeable third party so that your rights are protected. This includes unions. Be aware that unions are not just working for you, they are also working for your employer. Their opinions may be biased; therefore, it may be detrimental to your case.

Are You Sure That I Need a Lawyer for My Workers' Compensation Case?

Surprisingly, not everyone who is filing a workers' compensation claim needs to hire a lawyer. In some cases, you can handle your workers' compensation claim on your own. However, it is important to know that you should at least consult with an attorney before you decide to handle your claim all on your own. Most experienced Workers' Compensation attorneys also offer free case evaluations. Keep in mind, the workers' compensation claims adjustors are NOT on your side and have your employers' interests in mind, so you should be as prepared as possible when handling your claim.

Therefore, it is of the utmost importance that you at least consult with a workers' compensation attorney so that they can give you some insight on how to handle your work injury claim.

Most Workers' Compensation Attorney's Fees are Contingency

Many workers' compensation attorneys do not charge an hourly fee or require a retainer to represent an injured worker. Most law firms represent clients for work injuries on a contingency fee basis.

Contingency Fee Agreements work best for injured workers, because you may not have money to pay a lawyer, even if you need one. A contingency based fee agreement means that you owe nothing until and unless your case is resolved by settlement or award from the workers' compensation commissioner. When the case is resolved, the attorney's fee is deducted from the total amount of your award.

Even if you think that you do not need a lawyer, you should go to a free consultation with an attorney to be sure. You deserve just compensation for your injury and the purpose of a lawyer is to help increase the chance of you receiving that compensation.


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Before you file a South Carolina personal injury claim, request a free copy of our South Carolina injury book. When you're ready to get started on settling your accident claim, contact the Shelly Leeke Law Firm for a free information packet and consultation, 1-888-690-0211.