Determining the Validity of a Greenville Workers’ Compensation Claim
If you have sustained serious injuries while working on the job in Greenville, you may be entitled to recover workers’ compensation benefits. Workers’ compensation benefits, however, are only available under certain circumstances.
If you are contemplating filing a workers’ compensation claim, you should contact an experienced lawyer as soon as possible. An attorney can help you with determining the validity of a Greenville workers’ compensation claim and may be able to take legal action on your behalf. Speak to an established workers compensation attorney right away.
Eligibility for Benefits
In order for an injured worker to be eligible for Greenville workers’ compensation benefits, they must first satisfy certain criteria. First, they must have sustained their injuries while they were working on the job. Second, they must have sustained their injuries while they were working in the scope of their employment.
If either of these requirements is lacking, the injured worker may not be eligible for benefits. In that case, the employer’s insurance company will likely deny benefits by sending a formal notice. The injured worker, however, may be able to appeal that denial under certain circumstances.
Factors which Affect a Workers’ Compensation Claim’s Validity
Several factors can affect the validity of a Greenville workers’ compensation claim. Those factors include the following:
- Whether anyone else witnessed the workplace accident
- When the injured worker reports the accident
- Whether the injured worker had illegal drugs in their system
- Where the injuries occurred
- Absence of medical treatment
Establishing Credibility in a Workplace Injury Case
A witness to a workplace accident can add credibility to a workers’ compensation claim. However, even if a witness was not present, an injured worker may still have a valid claim. The worker just needs to report the accident to a supervisor immediately after it occurs and stick to their story.
Workers who sustain injuries while on the job must report the accidental injury to their employer within a one-month period. If the injured worker does not report an accidental injury within that time, the employer’s insurer could delay the claim – or even deny it outright.
Workers’ compensation benefits are generally available to injured workers regardless of who was at fault for the accident. However, a worker who sustains injuries while on the job may not recover benefits if their injuries result from illegal drug or alcohol use.
When Can Someone File a Claim?
In order to recover workers’ compensation benefits, the worker must have sustained their injuries while they were engaged in job duties. The employer’s insurance company may allege that the worker sustained their injuries while they were off the clock or off company property, resulting in a claim denial.
In order for a worker to have a valid claim for workers’ compensation benefits, they must have ordinarily obtained medical treatment for their injuries. Insurance companies become suspicious when workers claim injuries without having sought such treatment. It is essential that injured workers seek medical treatment at a hospital or urgent care center as soon as possible after they sustain their injuries.
How an Attorney Can Help with Greenville Worker’s Comp Claim
Greenville workers’ compensation law is very technical, and not all workplace injuries are compensable. If you have suffered injuries while on the job, you need an experienced lawyer on your side who can determine your eligibility for benefits and represent you at a mediation session or hearing. An experienced lawyer can assist you with determining the validity of a Greenville workers’ compensation claim.
