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Top 5 Mistakes in Workers’ Comp Cases

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Top 5 Mistakes in Workers’ Comp Cases

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

Mitchell K. Byrd, Jr. | Attorney

Although the South Carolina Workers’ Compensation system may appear straightforward, it can be complex and difficult to navigate if you don’t know what you’re doing. There are many pitfalls that can result in the denial of your claim, delays, or getting less compensation than you’re entitled to. Here are some common mistakes in workers’ comp cases and how you can avoid them.

1 Failing to Use the Workers’ Comp System in the First Place

Some employees want to bypass the workers’ compensation system entirely, using their own health insurance and healthcare providers. They may be worried about losing their job or they may think their injury or illness isn’t worth filing a claim over.

This is a mistake. Under South Carolina law, you cannot be fired from your position for filing a workers’ comp claim. Also, you may discover that what you thought was a small problem requires more medical attention and/or time off work than you first thought. If you later file a workers’ comp claim after trying to handle it on your own, it could harm your credibility and ultimately your claim. It’s best to file a workers’ comp claim for any work-related injury or illness.

2 Not Reporting Your Accident or Illness in Time

Under South Carolina law, you have 90 days to report your workplace injury or illness to your employer. If you fail to report it within 90 days, your claim may be denied, so be sure to report it within that time frame. It’s always best to report it right away.

3 Going to Your Own Doctor for Care

You may not be covered by workers’ compensation if you go to your own doctor; you must go to the doctor chosen by your employer or their insurance company.

4 Failing to Show You’re Trying to Get Better

The doctor will generate medical records over the course of your treatment and will often record whether or not you have been to your appointments and have been compliant with their instructions. If the Commission believes you’re not trying to get better, your claim may be discontinued or even denied. It’s important to go to all your appointments and to follow your doctor’s advice.

5 Handling Your Workers’ Comp Case on Your Own

You’re more likely to make mistakes like the ones listed above when trying to handle your workers’’ comp case on your own. It could result in you getting less compensation than you’re entitled to – or having your claim denied outright. Instead, work with an experienced workers’ comp attorney who can help you every step of the way.

Call the Workers’ Comp Attorneys at The Carolina Law Group

The experienced workers’ compensation attorneys at The Carolina Law Group can help you prepare your claim and work with you to get you the compensation you deserve. Call one of the numbers below to schedule your free initial consultation and take the first step towards getting support with your workers’ comp claim.

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 (principal office; call 864.757.5555). Call today.


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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