If you are hurt on the job during the scope of your employment, you are most likely entitled to workers’ compensation benefits in South Carolina. However, all too often employers and insurers will try to withhold the benefits you deserve and need to cover the costs of your injuries. At the law firm of Hunter W. Morris in Greenville, South Carolina, we understand the pain that our injured clients are going through and zealously advocate for their needs in workers’ compensation claims. Call or contact our office today to schedule an appointment with a workers’ compensation attorney in Greenville.
Why do I Need a Workers’ Compensation Attorney?
Your employer, the insurance companies, and others might try to convince you that you do not need a workers’ compensation attorney to help you with your case, but hiring an experienced lawyer to help you with your claims could mean the difference between getting the compensation you need for your injuries and getting nothing after being hurt on the job. A knowledgeable attorney understands the law for South Carolina workers’ compensation and will ensure that you meet all of the requirements for compensation. A lawyer will be able to negotiate with your employer and insurers regarding your claims and argue against any attempts to minimize or eliminate your claims for workers’ compensation. An attorney can also protect you against retaliation by your employer for filing a claim and protect your rights throughout the process. To learn more about the wide scope of legal services for our clients injured on the job, call our office today.
What Kinds of Workers’ Compensation Benefits am I Allowed to Receive?
Workers’ compensation benefits include monetary payment for medical expenses, lost wages, disability payments, and death benefits. Your medical bills are covered so long as you go to an approved insurance company’s healthcare provider for your care, and this includes reimbursement for mileage to and from treatment, referrals to specialists, all authorized medical treatment and care, physical rehabilitation, medical tests, prostheses, and more. Lost wages and disability payments include temporary total disability and temporary partial disability. Temporary total disability gives you 66.6% of your weekly wages for 52 weeks after the accident if you are unable to work, and temporary partial disability supplements your income if you are able to return to work but with doctor’s restrictions.
Once you have reached maximum medical improvement, the doctor may have you evaluated for a permanent impairment rating. If you receive an impairment rating over zero, you may also qualify for permanent partial or permanent total disability payments. Permanent partial disability will supplement your wages if you are able to return to work in a limited capacity, whereas permanent total disability provides benefits if your injuries make you unable to return to work permanently.
How and Why to File a Workers’ Compensation Claim
The first step in filing a workers’ comp claim is filing a report with your employer. An injured worker has 90 days in South Carolina from the date of the accident to file a report with his or her employer but it is recommended that you do so as quickly as possible. This involves filling out a Form 50 for injuries, or in the case of a fatal workplace accident the family of the victim will fill out a Form 52. Your employer then has 10 days to file a report with the South Carolina Workers’ Compensation Commission. If your employer fails to do so or if you do not believe that you are receiving the benefits you are owed, you can file your own claim for benefits. An injured worker has two years from the date of the accident to file a case for workers’ compensation benefits.
It is critically important to file for workers’ compensation benefits as soon as possible after an accident and to file everything correctly with your employer and the state. Workers’ compensation not only provides monetary benefits so you can pay your medical bills and basic living expenses but also protects you from retaliation by your employer as well as from termination from a physical inability to continue to perform your job. To learn more about the importance of filing a workers’ compensation claim, speak with an experienced attorney today.
What Should I do if I Get Injured at Work?
The first and most important thing that you should do after getting injured at work is to seek immediate medical treatment for your injuries. This serves multiple purposes, with the first being immediate diagnosis and treatment of your medical concerns. Second, seeking medical treatment right away creates contemporaneous documentation about the scope of your injuries that is incredibly helpful for your workers’ compensation claim. Third, getting medical help right away stresses to your employer the seriousness of your injuries, and the longer you wait to see a doctor the more likely your employer or an insurance company will claim that you are either lying about your injuries or that they are not nearly as serious as you claim.
The next step you should take after being injured in the workplace is to sit down and write up everything about the accident. This should include the date, time, and location of the accident in addition to the names and titles of your supervisors, managers, and co-workers, any witnesses to the accident, their contact information, what you were doing immediately prior to and at the time of the accident, the environmental conditions of where the accident took place, the injuries suffered, the names of the doctors and medical facilities where you received treatment, and what treatment is recommended for your workplace injuries.
Finally, you should speak with a knowledgeable workers’ compensation lawyer about your claims before filing a report with your employer. An experienced workers’ compensation attorney will be able to advise you on your legal rights after a workplace accident and ensure that all of the proper documentation is filed for your case.
Call or Contact Our Office Today
Were you injured on the job in Greenville? If so, you may have a valid claim for workers’ compensation and our office is here to ensure that you receive the compensation you are owed for your injuries. Call the office or contact us today at the law office of Hunter W. Morris today to schedule your free consultation.