Being injured on the job can cause all kinds of concerns, starting with what to do when injured at work, what to say when reporting a workplace injury, and if your workplace injury qualifies you to receive worker’s compensation. Valid questions that can be answered by a worker’s compensation lawyer in South Carolina.
This law firm specializes in personal injury, including workplace accidents in which employees have been denied workers’ compensation and are seeking further legal action. Our skilled team of workers’ compensation attorneys in Charleston can give you free legal advice.
Read on, or take action by calling one of our South Carolina Workers Compensation Lawyers for a free consultation provided by the South Carolina workers compensation lawyers at Shelly Leeke Law Firm to learn about ways to maximize your claim or calculate the amount of your workers’ compensation settlement.
Reporting a Work-Related Injury in South Carolina
When reporting a workplace injury to your employer it is critical that you follow these steps to ensure your health and protect the legality of your claim:
- Evaluate your condition to see if a paramedic or doctor is needed. Call 911 or seek medical attention right away. It is best to have a manager transport you if emergency services are not needed so that they can inform the doctors that this is a work-related injury.
- Ensure that the company’s name and workers’ compensation provider is supplied to the medical facility. If your injury is treated onsite, it should all be documented thoroughly.
- Report the injury to the worker’s compensation carrier within 24 hours of the incident and file a report of injury including as much information as possible. Keep copies of all documentation.
- While awaiting your claim decision from the insurance provider, refrain from posting online or talking about the workplace incident with other employees. Consult with a workers’ compensation attorney in Charleston if you need more insight.
- Upon receiving your claim, the proposed reimbursement can cover medical expenses and lost wages, if allowed. You are allowed to appeal if your claim is denied, or contact an attorney if additional financial assistance is needed beyond the capacity of the awarded amount.
Timeline for Filing a Workers Compensation Claim in South Carolina
South Carolina Workers’ Compensation Commission states that you have 90 days from the date of the accident to notify your employer of a workplace accident but it is recommended that you report it immediately. You run the danger of losing the benefits to which you are legally entitled if you don’t act quickly.
You have an additional two years to file a benefit claim. That does not imply that you can wait up to two years to report an injury you received at work. In other words, if you have previously reported your injuries and need more benefits, you have two years to file a claim for them.
Eligible Insurance Compensation for a Workplace Incident
Medical benefits, lost pay, and permanent disability are the three categories of benefits offered for work-related accidents. Unfortunately, the South Carolina Workers’ Compensation Act does not allow for a recovery for pain and suffering.
Your capacity to continue working, the severity of your injuries, and the average weekly salary you made from all of your employers before the injury all play a role in how much compensation you receive.
Injuries that Qualify for Workers’ Compensation
Usually, workers’ compensation will pay for an employee’s injuries if they occur while they are on the job site. If offsite, an employee’s injury must have happened while they were working within the confines of their employment for it to be covered by the Workers’ Compensation Act.
The extent of employment is determined by how much control the employer had over the situation at the time that the disaster happened. These are a few examples of injuries that are covered under workers’ compensation:
- Falling or being dropped from a high position
- Injury from any equipment or tools owned by the employer
- Experiencing a back injury as a result of heavy or strenuous lifting
- Becoming sick after being exposed to harmful toxins
Exclusions to Workers’ Compensation in South Carolina
Some workers in South Carolina are either not considered to be employees or are not eligible to receive benefits from remuneration. This list consists of:
- Casual employees, who don’t have regular working hours and just work as necessary
- Employers who made less than $3,000 on payroll in the previous year
- Agriculture personnel
- Railroad or railroad express company staff
- Farmers who sell their products
- Licensed real estate agents
- State and federal employees
When to Contact a Workers’ Compensation Lawyer
Contact us if any of the following instance pertain to you:
- Your workers compensation claim was rejected
- You are not receiving adequate compensation in the form of benefits to cover the approved expenses
- Your employer missed the deadline to file your workers compensation claim
At Leeke Law Firm, we have Charleston lawyers that focus extensively on those suffering from job-related injuries. If you have questions regarding your claim, need assistance navigating the claims process, or need help in understanding how to proceed further, we are here for you.
Arrange a free no-obligation session today with a staff member to discuss your case.