The State of South Carolina has strong workers compensation laws designed to protect employees after a work-related accident or injuries. If you have been injured at work, you should understand your rights and responsibilities and what to expect from the SC Worker’s Compensation process. While you can go it alone, a worker’s comp attorney in South Carolina can help you if you have been injured and need to file for benefits. Learning more about the process will ensure you know what to do and what to expect after a workplace accident, illness or injury.
Which Employees are Covered?
If you work for a business or company, you are likely covered by Worker’s Compensation laws. There are a few exceptions; if you are a Federal employee, work for a railroad, agricultural concern or for a very small business (one with fewer than four employees), you may not be covered. If you are self-employed, an elected board officer or a volunteer, you may not be covered by worker’s compensation; all other employees are likely covered by the Worker’s Compensation Act.
Your employer is required to carry insurance or to have the ability to pay any claims that arise after an employee injury.
What is the Worker’s Compensation Process in South Carolina?
Report your injury to your employer; they will then initiate the worker’s compensation process on your behalf. If they fail to do so, you can start the process on your own. Your employer has 10 days to file with the South Carolina Worker’s Compensation Commission on your behalf; you can complete Form 50 and file on your own if they fail to do so.
Once the process is initiated, your claim will be reviewed and benefits will be awarded. If for some reason your claim is denied, or you are not awarded the proper amount, you can appeal the decision. If this happens, it is time to reach out to a workers comp attorney in South Carolina for help.
What Compensation Will I Receive?
Worker’s Compensation covers the medical treatment you need after an injury. It also covers lost wages that you miss because of the injury, so you can continue to pay your bills and function, even though you have been hurt at work. If you can’t return for more than seven days, you’ll be paid 2/3 of your usual salary; if you are out more than two weeks, you will be compensated for those first days as well.
If you are disabled after the injury or have a permanent disfigurement, you are also entitled to compensation; a workers comp attorney in South Carolina can help ensure you are treated fairly if you have permanent damage. Damages are limited to a percentage of the state’s average weekly wage at the time of the accident.
If you’ve been injured on the job and need help, our team is here for you. We understand the lasting impact an injury can have on your health and financial well-being and will work hard to ensure you are treated fairly. Contact us today to talk about your situation and to get the help you need with your claim.