How to File a Workers' Compensation Claim in Rock Hill
Rock Hill is the largest city in York County and the fifth-largest city in South Carolina. Major employers in Rock Hill include 3D Systems, Amida Industries, INC., and Carolina Energy, but there are many other employers in the city in a wide variety of industries.
Employees in most occupations in Rock Hill are protected by workers’ compensation insurance, which is intended to cover all of the medical costs a victim incurs because of an injury on the job. The South Carolina Workers’ Compensation Commission (WCC) is the state agency that handles workers’ compensation claims.
While workers’ compensation is a no-fault system, disputes often arise concerning the amounts of some benefits and even whether an accident is covered. When you believe that you are being denied benefits, you have the right to a hearing.
Did you suffer a severe injury on the job in Rock Hill? Contact our worker’s compensation lawyers as soon as possible. Our firm will fight to help you seek all of the benefits that you are entitled to. You can have our attorneys provide a comprehensive evaluation of your case when you call us or contact us online to set up a free consultation. Stewart Law Offices has been helping people injured on the job throughout South Carolina for over 25 years.
What Is Workers’ Compensation and How Does It Work?
The South Carolina Workers’ Compensation Law is found in Title 42 of the South Carolina Code of Laws. The state law gives a person injured on the job the right to recover compensation for medical expenses, lost income, and disability benefits.
Any business in South Carolina with four or more workers is required to obtain workers’ compensation insurance. Workers’ compensation is usually the sole means of employer-based recovery for injured workers. A civil lawsuit cannot be filed against an employer that maintains a workers’ compensation insurance policy. If a non-employer third party was responsible for the accident, it may be possible to bring a lawsuit against them outside the workers’ compensation system.
Some employers or their representatives may seek reduced benefits or argue for claims to be denied. Workers’ compensation commissioners conduct hearings to resolve disputes between workers and employers or their representatives.
You may need to apply for a hearing if your claim has been denied or you do not think that you are receiving all the benefits you deserve. You could also apply for a hearing if your employer denies that your injury was caused by an accident on the job or does not report your accident.
How to File a Workers’ Compensation Claim in Rock Hill
A worker injured on the job must report their injuries to their employer within 90 days. If an employer does not report an accident, denies an injury by accident, or a person believes they are not receiving all of their benefits, they should file a Form 50 or Form 52 with the WCC.
- File a Report with Your Employer — Preferably, the report should be in writing.
- File with the South Carolina Workers’ Compensation Commission – Form 50 is used in an injury case; Form 52 applies to the death of a family member.
South Carolina generally gives people two years to file a workers’ compensation claim, but specific injuries are more complicated. Repetitive trauma injuries such as carpal tunnel syndrome develop over the course of several months or years and can create severe work limitations for victims. When a person has been diagnosed with a repetitive trauma injury, they have two years from the date that they knew or should have known about the injury.
Denial of Workers’ Compensation Claim Appeals
It is undeniably deflating for a person to endure the time and effort required to apply for workers’ compensation only to learn that their claim has been denied. The good news is that you do not have to accept the initial decision and often have the power to appeal most decisions.
A single WCC commissioner hears an initial appeal, and the full commission hears any subsequent appeal. The next step would be a lawsuit that has to be filed within 30 days of notice of the decision, and any subsequent appeal is made to the South Carolina Court of Appeals or South Carolina Supreme Court.
How Our Law Firm Can Help After a Workplace Accident in Rock Hill
Applying for workers’ compensation can be challenging enough, but matters can quickly become overwhelming for most people when there are requests for medical records or informal conferences relating to workers’ compensation claims. Legal representation is often beneficial for individuals in such circumstances.
If you sustained an injury on the job, an experienced Rock Hill workers’ comp lawyer at Stewart Law Offices can help seek all of the compensation that you are owed for your recovery. Do not try to handle the challenges of the South Carolina workers’ compensation claims process by yourself.