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Do You Know Your Rights In A Workers’ Comp Case?

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Do You Know Your Rights In A Workers’ Comp Case?

Mitchell Byrd, Attorney, Carolina Law Group, Greenville, SC

Mitchell K. Byrd, Jr. | Attorney

When you are involved in a workers’ compensation case, it’s not uncommon to feel powerless in the face of the Workers’ Compensation Commission or unclear on how the process works. You may be feeling like you’re in for a long battle and you’re not even sure what the outcome will be.

But the situation is not as bleak as you think. You have rights that you can – and should – exercise. Remember that the workers’ compensation program was set up in large part to protect the rights of workers like you, so the system can be helpful. Still, it’s important to know your rights.

You have a right to compensation for injuries sustained on the job regardless of whose fault it was.

Workers’ comp is set up so that if you received an injury at your workplace while on the job or in the course of your employment, you may be entitled to receive compensation no matter who caused the accident. In fact, you may be entitled to compensation even if the accident was your fault.

Compensation includes medical treatment (surgery, hospitalization, prescription drugs, and medical devices) and may also cover loss of wages (temporary and permanent) and compensation for permanent disability or disfigurement.

The type and amount of compensation you’re entitled to depends primarily on the nature of your injuries, the length of time you’re unable to work, and the amount of your average weekly wage.

You have a right to appeal the decisions in your workers’ comp case

If your workers’ compensation claim is rejected, or if you don’t agree with the compensation you’ve been granted, you may have a right to appeal the decision.

If the insurance company rejects your claim, you can pay a small fee and file a hearing request. At this level, one Commissioner will hold a hearing and then issue a decision and order.

If you disagree with the Commissioner’s findings, you can appeal by submitting a request for a Commission Review along with the required filing fee. Instead of just one Commissioner, a panel of three Commissioners will review your case. After that, cases can proceed to the South Carolina Court of Appeals and possibly even the South Carolina Supreme Court.

You have a right to challenge the doctor’s determinations

The insurance company will generally choose your doctor. That doctor will make many important determinations that could affect your case. The doctor may release you to light duty work or even release you from treatment – possibly before you are ready to be released. You have a right to challenge the doctor by requesting a second opinion or even requesting a hearing on the issue before the Workers’ Compensation Commission.

Exercise Your Rights – Call the Workers’ Compensation Attorneys at the Carolina Law Group Today

The experienced workers’ compensation attorneys of The Carolina Law Group can help you with your workers’ comp matter at any part of your journey. There are time limits on when you can file for benefits, so if you’re even considering consulting a lawyer, contact The Carolina Law Group now. Call one of the numbers below or contact us online to schedule a free, no-obligation consultation.

The Carolina Law Group has four offices across South Carolina for your convenience: Greenville (principal office; call 864.312.4444), West Greenville (864.312.4444), Greer (principal office; call 864.757.5555), and Spartanburg (864.757.5555).


Mitchell Byrd received his Bachelor of Arts degree from Wofford College in 2000. He graduated from the University of South Carolina School of Law in 2004, where he served on the American Bar Association Real Property, Probate, and Trust Journal. He was also an active member of the University of South Carolina Moot Court Bar. Since being sworn into the South Carolina Bar in 2004, Mr. Byrd has focused on litigation, within the criminal justice system as an economics crime prosecutor for the Thirteenth Circuit Solicitor’s Office and also within the South Carolina Workers’ Compensation system.

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