Following an accident that leads to a severe injury, it is common for victims to want to seek redress. Oftentimes, victims of workplace accidents grapple with the question of whether to sue the employer or not. Indeed, the answer to this question is grounded in Title 42 of South Carolina’s workers’ compensation law.
Put briefly, workers injured while carrying out their duty in the workplace deserve compensation under South Carolina’s workers’ compensation law. However, the right to sue the employer is nullified under the law, meaning workers can’t pursue a common-law action against the employer.
Here is a brief elucidation of South Carolina’s Workers Compensation law to help you understand worker’s compensation law in relation to an employer.
Understanding the Foundational History of Workers’ Compensation law in South Carolina
Before the enactment of Title 42 of the South Carolina code, victims of work-related injury had the right to file a common-law action against the employer. In other words, they were allowed to sue the employer for any injury arising out of the employer’s negligence. Essentially, this ensures that the employer is held accountable for their actions.
In the same vein, the right to pursue a common-law action meant that the employer undertook the relevant measures to protect their employees from any harm that may arise from the workplace.
However, significant concerns have arisen about this traditional common law system. In other words, it was problematic in many respects. One of the reasons that made this system unsuitable is that it was costly and time-consuming. Case in point, an injured worker would incur out-of-pocket expenses for their medical treatment. This means that an employee is subjected to delayed treatment, which would keep them out of work and without employment for a very long time.
Another concern that made the common law system problematic was the fact that the number of lawsuits increased rapidly. As such, cases were increasingly becoming common, and thus there was a need to expedite the lawsuits or reduce them altogether.
As a result of the problematic areas, the state commission was created to administer the new law, creating a new compensation system. The new system enacted to address the significant challenges injured employees face is what is currently known as the no-fault system.
How Myrtle Beach No-Fault Workers’ Compensation System Works
South Carolina envisions a No-Fault workers’ compensation system. It departs from the common law system where an injured employee could sue an employer and hold them liable for being negligent.
Put briefly, the no-fault system works to the effect that an injured employee is eligible for benefits without establishing the employer’s negligence. In other words, the employee is bound to be paid regardless of who was at fault.
In turn, the no-fault system shields the employer from any common law suit being initiated against them. In other words, the employer can’t be sued by the employee even if they are at fault.
Generally speaking, an employer in Myrtle Beach who regularly employs four or more workers is required, under law, to purchase a workers’ compensation insurance cover. The workers’ compensation cover is to the effect that it seeks to cover employees who sustain injuries while working.
To achieve this, a worker must file a claim for compensation. A workers’ compensation claim that is accepted prompts the insurance company to pay for medical costs, loss of income, and any other expenses arising out of the injury.
In essence, the injured worker received prompt compensation, which ensured that they were returned to gainful employment as soon as possible.
How Long Do You Have to File a Workers’ Compensation Claim in Myrtle Beach, SC?
Victims of work-related accidents have up to 90 days to report the incident to the employer. In the same vein, the statute of limitations which governs compensation claims in Southern Carolina requires a claim to be filed within two years. Failure to file within this period renders the claim time-barred.
For this reason, it is imperative to consult a workers’ compensation attorney as soon as the accident occurs. Essentially, an attorney will help safeguard your rights and provide legal counsel in relation to workers’ compensation.
Should You Hire a Workers’ Compensation Attorney in Myrtle Beach, SC?
It is common for an injured employee to be confused following a work-related accident. The confusion and financial and legal challenges make it difficult for the employees to understand Myrtle Beach’s claim process.
For this reason, it is imperative to hire a qualified and competent attorney. Essentially, an attorney at David Aylor Law Offices will help you navigate the claim process easily and, at the same time, secure the amount of compensation you deserve.
To achieve a successful outcome in your claim, an attorney will:
- Safeguard your interests and rights
- Gather Evidence and other documentation
- Negotiate with the insurance company on your behalf
- Establish a valid claim
That said, one of the fundamental things to note is that the insurance company doesn’t have your best interest at heart. Quite frankly, they are out to ensure that you get a minimum amount of compensation in order to reap maximum profit. For this reason, having an attorney helps level the ‘playing field’ and ensure your interests are safeguarded.
When should you hire an attorney?
An attorney is an essential asset during every stage of the claim process. As such, you should ensure that you hire an attorney from the onset. In the same vein, the following are some of the circumstances for which you must hire an attorney at David Aylor Law Offices:
- If the insurance company denies you compensation
- If you are unable to work for an extended period due to a work-related illness
- If you are having trouble getting medical attention
- If you plan to apply for Social Security Disability Insurance, that could affect your workers’ compensation claim.
Need help filing a Workers’ Compensation Claim in Myrtle Beach, SC? Contact an Attorney
If you or your loved one sustained a work-related injury, you have a right to pursue compensation for any losses incurred. However, this should be done promptly and with strict adherence to the law.
As such, having a competent and qualified workers’ compensation attorney is imperative.