South Carolina Workers' Compensation Process - Stewart Law Offices
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South Carolina Workers' Compensation Process

Workers’ compensation is a type of mandatory insurance that most employers in South Carolina must carry. The no-fault insurance program provides medical benefits and wage replacement if a worker is injured on the job.

Workers Comp Process Step 01

Step 1: Tell Your Employer or Supervisor Immediately About Your Injury

The first thing that you must do following a workplace accident is to provide your employer with notice of your injury. You must report the injury within 90 days. Your employer has 10 days to report the injury to the S.C. Workers’ Compensation Commission.

Workers Comp Process Step 02

Step 2: Get Medical Attention

Seek medical attention for your workplace injury immediately. Except in emergency cases, your employer has the right to choose a medical provider for you. Make sure that the doctor knows that the injury happened at work.

Workers Comp Process Step 03

Step 3: Fill Out Insurance Paperwork

Your employer should provide you with forms to complete for them to submit to the appropriate insurance carrier.

Workers Comp Process Step 04

 

 

Step 4: Report the Injury to the S.C. Workers’ Compensation Commission

You will file a Form 50 — Employer Notice of Claim and/or Request for Hearing. Family members of a deceased worker can request death benefits by completing a Form 52 — Employees Notice of Claim and/or Request for Hearing, Death Case. You only have 2 years to notify the commission, so it’s crucial to act quickly to preserve your rights to compensation.

Workers Comp Process Step 05

Step 5: Follow All Doctor’s Orders

After you receive initial medical treatment, it is critical that you follow all of your doctor’s orders. Failure to do so could worsen your condition or prevent you from attaining maximum medical improvement, which means you may be denied your full compensation award.

Workers Comp Process Step 06

 

 

Step 6: Save All Receipts, Bills and Paperwork Related to Your Medical Treatment

Workers’ compensation law allows you to recover compensation for all medical expenses related to your work injury. Keep all documents from your medical treatment to ensure that you are fully compensated.

Workers Comp Process Step 07

Step 7: Lost Wage Compensation

In some cases, workers who are injured on the job may be entitled to lost wage compensation.  Lost wage compensation does not begin until the worker has missed work for a minimum of 7 days. Workers can recoup that week’s wages if their injury prevents them from working for 14 days or more.

Workers Comp Process Step 08

Step 8: If Your Initial Workers’ Comp Claim Is Denied

If your initial claim is denied, immediately consult with one of our experienced worker compensation attorneys to develop a legal strategy to contest the denial.

 Workers Comp Process Step 09

Step 9: Determining Permanent Partial or Total Disability

Your workers’ compensation benefits award will be based, in part, on whether the injury is partial or total. If there is a dispute about your condition, you have the right to ask if the workers’ compensation insurer will allow you to see another provider for a second opinion.

Workers Comp Process Step 10

Step 10: Negotiating Workers’ Comp Settlements

Toward the end of the workers’ compensation process, your attorney will prepare a settlement demand that fully accounts for the extent of your injuries.

How a S.C. Workers’ Compensation Lawyer Can Help You Throughout the Process

Far too often, insurance adjusters try to pressure injured workers into making recorded statements about their injuries. This is not a requirement, just a tactic to justify lowball settlement offers. An experienced South Carolina workers’ compensation lawyer will protect your rights by handling all communications with insurance companies to ensure you receive maximum compensation.

Call Our S.C. Workers’ Compensation Law Firm Today

At Stewart Law Offices, we know that workers’ compensation claims can be complex and confusing. Our attorneys can simplify the process by handling every aspect of your claim so that you can focus on your recovery and getting healthy again.

To schedule your free consultation with one of our lawyers, please contact us today.

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