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When to Hire a Workers’ Compensation Lawyer: Signs You Need Legal Help

signs you need a workers compensation lawyer

Workplace injuries and illnesses can be physically, emotionally, and financially challenging. In South Carolina, the workers’ compensation system is designed to provide support to employees who suffer work-related injuries or illnesses. While this system is meant to streamline the process of obtaining benefits, there are situations where hiring a workers’ compensation lawyer becomes necessary. In this article, we’ll explore the signs and circumstances that indicate the need for legal assistance in the state of South Carolina.

  1. Your Claim is Denied

One of the most common reasons individuals seek the help of a workers’ compensation lawyer is when their initial claim is denied. The denial can occur for various reasons, including insufficient documentation, missed deadlines, or disputes over the validity of the claim. When your claim is denied, a workers’ compensation attorney can help you appeal the decision, gather necessary evidence, and present a strong case to secure the benefits you deserve.

  1. Your Medical Benefits Are Insufficient

Workers’ compensation is supposed to cover all necessary medical expenses related to your work-related injury or illness. However, disagreements can arise over the adequacy of medical treatment. If you believe that you are not receiving the appropriate medical care, or if the insurance company is limiting your access to necessary treatments, it may be time to consult a lawyer. They can help you navigate the process, gather medical evidence, and advocate for your right to proper medical care.

  1. You’re Offered a Lump-Sum Settlement

In some cases, the workers’ compensation insurance carrier may offer you a lump-sum settlement. While a lump sum can be tempting, it’s essential to ensure that the offer is fair and considers your long-term needs. A workers’ compensation attorney can assess the offer and negotiate on your behalf to secure a settlement that adequately covers your medical expenses, lost wages, and any future expenses related to your injury or illness.

  1. You Suffered a Permanent Impairment

If your work-related injury results in a permanent impairment, you may be entitled to additional compensation. Determining the extent and nature of your impairment and calculating the appropriate compensation can be complex. An experienced workers’ compensation lawyer can assess your case, consult with medical experts, and ensure that you receive fair compensation for your permanent impairment.

  1. Disputes Over Return to Work

Returning to work after a workplace injury can be challenging, especially if you and your employer disagree on your readiness and ability to perform your job. If you encounter disputes regarding the accommodations you need, modified duties, or vocational rehabilitation, a workers’ compensation attorney can help resolve these conflicts, ensuring that your rights are protected and that you receive the support you require.

  1. Employer Retaliation or Discrimination

It’s illegal for employers to retaliate against employees who file workers’ compensation claims or to discriminate against injured or ill workers. If you believe that your employer has engaged in retaliatory actions, such as demotion, harassment, or termination, or if you have been unfairly treated due to your workplace injury, it’s essential to consult a workers’ compensation attorney who can help you understand your rights and take appropriate legal action.

  1. Complex Legal Issues

Workers’ compensation laws can be complex, and specific situations may involve legal intricacies that necessitate the experience of an attorney. For instance, if you were injured due to a third party’s negligence while on the job, a workers’ compensation attorney can help you explore the possibility of filing a third-party lawsuit in addition to your workers’ compensation claim. This can potentially result in additional compensation.

  1. Unclear Eligibility or Coverage Issues

In some cases, eligibility for workers’ compensation may not be straightforward. If you are unsure whether your injury or illness qualifies for workers’ compensation or if you have questions about coverage due to your employment status (e.g., independent contractor or agricultural worker), consulting an attorney is advisable. They can assess your situation, determine your eligibility, and guide you through the process.

  1. Appeals and Hearings

If your workers’ compensation claim is denied or if there are disputes that require resolution, you may need to attend hearings or appeals in front of the South Carolina Workers’ Compensation Commission (SCWCC). Legal representation becomes crucial during these proceedings to present your case effectively and navigate the complex legal procedures involved.

  1. Time Limitations

South Carolina, like many states, has specific time limitations for filing workers’ compensation claims and appeals. Failing to meet these deadlines can result in the loss of your right to benefits. A workers’ compensation attorney can ensure that all necessary forms and documents are submitted within the prescribed timeframes, protecting your rights and interests.

  1. Uncooperative Insurance Companies

Insurance companies often have their interests in mind and may attempt to minimize the benefits they pay out. If you encounter uncooperative insurance adjusters or a lack of communication regarding your claim, an attorney can act as an intermediary, ensuring that your claim is handled fairly and efficiently. Remember, workers’ compensation attorneys are skilled negotiators. They can go head-to-head with the other side to make sure you receive everything you are rightfully owed, whether that’s medical coverage, lost wages, permanent impairment compensation, or a lump-sum settlement.


While the South Carolina workers’ compensation system is designed to provide support to injured or ill workers, there are situations where the experience of a workers’ compensation lawyer is invaluable. If your claim is denied, medical benefits are insufficient, you are offered a lump-sum settlement, you have suffered a permanent impairment, disputes arise over your return to work, or you face any of the other situations mentioned above, seeking legal assistance is essential. An experienced attorney can guide you through the complexities of the workers’ compensation process, advocate for your rights, and work to secure the benefits and compensation you deserve. If you find yourself in any of these situations, it’s advisable to consult with a qualified workers’ compensation attorney in South Carolina to ensure that your rights and well-being are protected during this challenging time.

Contact The Attorneys At McWhirter, Bellinger & Associates

Navigating the South Carolina workers’ compensation system can be a difficult task, particularly if your case isn’t straightforward. Although you aren’t required to hire an attorney to represent you, doing so is often advisable. 

When you hire a McWhirter, Bellinger & Associates personal injury attorney, you are hiring a skilled professional with vast experience of working with clients just like you. We know the workers’ compensation system like the back of our hands, and we are committed to working hard for those we represent. 

Our lawyers have seen firsthand the consequences that workplace injuries can have on employees, and we believe that no worker should have to suffer financially because of an accident that happened while they were on the clock. 

McWhirter, Bellinger & Associates has seven offices across the Midlands of South Carolina, in AikenCamdenColumbiaLexingtonNewberryOrangeburg, and Sumter. We offer free case evaluations, so don’t hesitate to give us a call. It would be our pleasure to let you know if you have a case, and to advise you on your next steps.

Contact McWhirter, Bellinger & Associates today at 888-353-5513. It won’t cost you anything to see if we can help.®