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Can I Handle My Own Workers’ Compensation Case in South Carolina?

Carolina Law Group > Blog  > Can I Handle My Own Workers’ Compensation Case in South Carolina?

Can I Handle My Own Workers’ Compensation Case in South Carolina?

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

Mitchell K. Byrd, Jr.

Workers’ compensation is a state-run, no-fault system that provides compensation to covered workers who have been injured on the job. It eliminates time-consuming and expensive lawsuits and counter-lawsuits that would otherwise result from such accidents and illnesses. Instead, workers’ comp pays medical coverage, lost wages, and other compensation in a regulated manner determined by state statute.

In theory, any employee covered by workers’ comp in South Carolina who sustains an injury or develops an illness in the course of work should be able to handle their own claim and get the full value of the compensation they’re entitled to under the law. In reality, workers’ comp isn’t so straightforward 100% of the time, and without the help of an experienced attorney, an injured or ill employee may not receive compensation at all if they choose to handle their case themselves.

There’s nothing stopping you from handling your own claim if that’s what you choose to do. But there are some situations in which it’s preferable to work with a lawyer. The question, then, is not “Can I handle my own workers’ comp case?” but “Should I handle my own workers’ comp case?” Here’s how to tell.

When to Handle Your Own Workers’ Comp Case in South Carolina

There’s one situation in which you can feel fairly confident handling your own workers’ comp case, and that’s when the situation is clear-cut. That means that the injury occurred at the workplace, your employer doesn’t deny that the injury occurred at the workplace, and the injury has healed or will heal fully without extended time off work.

This is the situation many workers find themselves in after experiencing common injuries in the workplace, including sprains and strains, falls, and being struck by or against an object. The injury occurs, the claim is submitted, the medical bills are paid, the injury heals, and the worker promptly returns to work. It can’t get more straightforward than this.

When to Work with An Attorney on Your Workers’ Comp Case

Unless you’re in the situation described above, you may be better off working with an attorney. Specifically, the following situations may benefit greatly from the experience and knowledge of a workers’ comp attorney:

  • Your claim was denied by The South Carolina Workers’ Compensation Commission or by your employer (here are possible reasons it was denied)
  • Your claim was accepted but you’re not receiving the compensation you should
  • You have a pre-existing condition that complicates your claim
  • You’re seeking coverage for a work-related illness rather than a work-related injury
  • Your injuries or illness have led to extended time off work
  • Your injuries or illness have led to permanent partial or total disability
  • You’ve suffered a traumatic brain injury
  • Your injury or illness was due to the negligence of a third party

This is not an exhaustive list. If you have any questions at all about your claim or your case, speak to an attorney.

Talk to an Experienced Workers’ Compensation Attorney for Free

There’s nothing to lose by scheduling a free consultation to discuss your claim, even if you consider your case to be straightforward. The experienced workers’ compensation attorneys at The Carolina Law Group can help you determine if your claim is strong and whether you’re receiving the maximum compensation available to you under the law. Fill out this contact form or call one of the numbers below to schedule your free initial consultation.

The Carolina Law Group has four offices in upstate 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. Call today.

 

About 

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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