Lexington Workers' Compensation Attorney

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With Our Workers' Compensation Attorney

Do I need to hire a Workers' Compensation attorney?

Workers' Compensation is a difficult, substantial area of the law. To handle a claim successfully requires knowledge of the applicable regulations, statutes and relevant opinions from the South Carolina Circuit Court, Court of Appeals and Supreme Court. The insurance company will have claims professionals and attorneys working for them. In many cases having an attorney with legal experience in Workers' Compensation cases can all the difference in having claims approved and earning the benefits they are entitled to.

What if my accident was my fault or the fault of another employee or a third party?

There is no requirement in South Carolina that your employer was actually negligent or at fault in order to obtain Workers' Compensation benefits. In fact one of the  main reasons a Workers' Compensation system was established was to serve as an alternative to regularly personal injury law where someone else needs to be negligent or otherwise legally responsible for your injury. If you were injured while acting within the scope of your job duties, regardless of fault, you may be eligible for benefits.

Is it worth paying a lawyer?

At the Law Office of James R. Snell, Jr., LLC, the goal for all Workers' Compensation representation is to obtain more benefits for our clients than they could obtain on their own, even after paying attorney's fees and costs.

How is the lawyer paid?

There are no fees or costs paid unless actual benefits are obtained for our client. All attorney's fees are approved in advance of being paid by the South Carolina Workers' Compensation Commission. The fee is typically based on a percentage of the actual case award or settlement we obtain for our client. Fees are computed before any costs or case expenses are subtracted from any recovery.

What do I do if my employer won't authorize medical treatment?

It is possible to request a hearing before the Workers' Compensation Commission to request that they be ordered to authorize all necessary and relevant treatment.

Why wouldn't my claim be approved or accepted by my employer or their insurance company?

Employers often times are concerned that there insurance rates will increase. Insurance company's profits are increased by denying claims. Often times cases that may be more serious (such as back injuries) will be denied or disputed, as well as accidents that don't have witnesses or involve new employees or new management.

How long does it take to have a case approved?

In cases with well established liability approval may take only a few days. In other cases without established liability if a hearing is necessary it may several weeks to receive a hearing. At the Law Office of James R. Snell, Jr., we request hearings as soon as possible for our clients to avoid unnecessary delays.

If I was in a car accident can I file for Workers' Compensation benefits?

Yes. You may be able to bring both a Workers' Compensation claim if you were injured in an automobile accident as part of your job. Additionally if the accident was not your fault you may also be able to pursue a claim for automobile personal injuries.