South Carolina comp claims are often straightforward. That may be because the injury or accident occurred on company property, with company equipment or was witnessed by a third party that can affirm that the injury merits coverage.
When situations are murkier, however, it is essential that injured workers are represented by attorneys who understand workers’ compensation cases and the insurance company. The role of the attorney in a workers comp case is to stand up for your rights and seek full benefits on your behalf from insurance companies.
A South Carolina Workers Comp Lawyer with relevant experience is prepared to help you navigate the complex claims process and insurance companies. Phone our workers compensation law firm now for answers.
What Benefits Are Available Through Workers’ Compensation?
If you were hurt in an accident on the job, your injuries and associated expenses may be covered by workers comp. Call our injury compensation law firm to find out if you could be eligible to claim financial benefits including payment for:
- Medical treatment, including reimbursement for mileage to visit the doctor or pick up prescriptions
- Partial replacement of lost wages
- Permanent disability
- Physical impairment (including loss of limbs)
In the most severe workplace accidents that result in death, workers comp benefits may provide surviving family members with death benefits.
When speaking with a work accident law firm two terms come up a lot in workers comp injury cases: Permanent Total Disability and Permanent Partial Disability.
How Long Do Workers’ Compensation Benefits Last in South Carolina?
Following your injury event, your employer’s workers’ comp policy should pay you 66.67% of your average weekly pay up to a limit, according to the South Carolina Workers’ Compensation Commission.
If you sustain an injury that causes lasting impairment, a doctor will determine whether you may qualify to receive permanent disability benefits. If you’re an injured worker who has been permanently disabled, you will be assigned a disability rating or whole person impairment rating by the doctor. That personal impairment or disability rating will be used to determine the compensation you’re entitled to from the insurance company.
If your injury prevents you from ever working again, you could be eligible to receive disability benefits for the rest of your life. Phone our firm to find out more about becoming one of our clients. We have law offices in Columbia, Rock Hill, Spartanburg and Beaufort to help you.
What Happens If My South Carolina Workers’ Compensation Claim Is Denied in South Carolina?
If your claim is contested or denied by your employer’s insurance provider, you’ll want to immediately seek legal assistance. Your attorneys can draft and file a Form 50 with the Workers’ Compensation Commission. A Form 50 will include the following details: all parties involved in the injury accident, a description of the accident, the name and role of the individual to whom the accident was reported, the extent of the injury and the treatment it required.
Your employer’s insurance carrier will submit a Form 51. A form 51 details the accidental injury event from their perspective and makes a case for why the insurance claim is invalid.
Once they have heard from both parties involved in the claim, the Workers’ Compensation Commission will assign the matter to an individual Commissioner. The Commissioner assigned to your case will review each submission and schedule a hearing.
South Carolina hearings are typically scheduled to take place within five months of the involvement of the Workers’ Compensation Commission. At the hearing, each side will present their case along with supporting evidence. The physician who treated your injury will likely provide a medical testimony – essentially their professional assessment of your injury at the time you were treated. Similarly, the insurance carrier will submit any records or evidence supporting their case.
Based on the reports and hearing, the Commissioner will make a legal ruling that outlines the benefits you are entitled to receive as a result of the injury. Either party can appeal this decision.
Appeals are subject to a joint-review that will be conducted by a panel of the Workers’ Compensation Commissioners in your jurisdiction. Following the order issued after this committee review, any additional appeals will be referred to the relevant Circuit Court, and then the state Court of Appeals.
What to Do If You’ve Been Hurt on the Job in South Carolina?
Your priority should always be your health and wellbeing. If your injury is serious, you need to seek emergency treatment immediately. You can report the injury to your employer once you are in a stable condition and out of immediate medical jeopardy.
If your injury is minor enough that it does not require immediate medical attention, you’ll need to report the injury to your employer before seeking medical treatment. That’s because your employer has the right to refer you to a medical professional of their choice for evaluation and treatment.
Choosing a doctor on your own without receiving your employer’s permission could absolve your employer of the responsibility to cover the medical costs associated with your evaluation and treatment.
If you experience an injury that seems minor, it is crucial that you still seek treatment and file a claim. An injury may seem insignificant at the time it occurs but may become complicated over time.
It’s also important to keep in mind that you will need to report any workers comp related injury to your employer within 90 days. If you do not report your injury within 90 days, you risk missing out on the benefits that you are entitled to.
We understand that you may have many more questions about Workers’ Compensation. Please remember to phone our attorneys. We are here to help. We have offices in Columbia, Rock Hill, Spartanburg and Beaufort to serve you.