Did a workplace accident in Myrtle Beach, SC, leave you or a loved one injured? You have a right to get workers’ compensation benefits. But the application process can be lengthy, windy, and full of deadlines.
If you fail to meet these deadlines, your employer can deny your claim. At the same time, you may need enough time to seek treatment and recuperate.
The Notification Deadline of Workers Compensation Cases in Myrtle Beach, SC
Notification timelines exist in South Carolina Workers’ Compensation law. You must notify your employer about the work-related accident within 90 days of your injury. Ideally, it’s advisable to inform them as early as possible.
Informing the employer about the injury kick-starts the claim process. But remember to look out for other deadlines along the process to ensure you are not caught off-guard.
Your best bet is to engage the services of David Aylor’s lawyers to keep abreast with all timelines. Our experienced attorneys will beat all deadlines while you focus on getting quality treatment and rest. Call us today.
Myrtle Beach, SC Workers’ Comp Laws & Timelines
SC workers’ compensation applies to occupational illnesses and injuries. A worker may get injured suddenly or unexpectedly while doing their job duties. On the other hand, the development of occupational diseases can take a long time, so it’s crucial to engage an experienced lawyer and get a medical examination.
Whether injured or suffered occupational disease, you are entitled to medical care coverage, disability benefits, and partial wage replacement. And in the event of a death due to a work-related accident, your loved ones have a right to death benefits.
SC Workers’ Comp “No-Fault” Laws
SC workers comp is a “no-fault” law- your employer must compensate you with defined benefits if proved that you suffered an injury or illness while performing your job duties. In exchange, you surrender your right to sue your employer for negligence.
However, employers may deny a worker’s claim if they acted intentionally or carelessly. An excellent example is when you were intoxicated at the job-place when the accident occurred.
- The timeline for filing your claim is two years. For workplace injuries, it means 2 years from when the accident occurred. For occupational diseases, you must file the paperwork within 2 years from the diagnosis date. And if the injuries are recurrent, you need to claim your benefits within two years from the date you discovered (or should have known) that you are entitled to compensation or 7 yearssince the last occupational exposure.
- Your employer has 10 daysto notify their insurance company about your injury. The company should then report the claim to the SCWCC.
- The employer is entitled to choosing the doctor to treat your compensable disease or illness.If you prefer your own medical provider, the employer is not obligated to compensate you unless it’s an emergency service. It is your right to hire a doctor for a disability examination (even though the employer isn’t obliged to pay for this examination).
- Your employer and doctor can contact each other. But you must be notified in writing and get a copy of their conversations. The employer also has a right to get all your treatment reports within 14 daysof the request.
- If your workers’ compensation claim is denied, you can file a formal claim with the SCWCC.A single commissioner will hear your case and make a decision.
- If you disagree with the commissioner’s order, you can appeal it before a panel of commissioners. In some cases, the appeal may proceed until it enters the highest court of the land. Let our lawyers handle everything from the beginning to the end.
The Process of Myrtle Beach SC Workers Compensation Claim
Reporting your claim
You have up to 90 days to report a work-related accident to your employer. This reporting usually kick-starts the process of claiming your benefits.
While the 90-days requirement is strict, there are some exceptions:
- The employer already knew your injury or disease
- A mental or physical limitation prevented you from notifying them
- A third-party’s fraudulent or deceitful act prevented you from reporting the injury or disease
Investigation by the employer
The employer and insurance company will investigate the claim. Once they determine that you deserve the compensation, they will begin paying the benefits backdated to the date you were injured or started experiencing symptoms.
Escalation to SCWCC
If your claim is denied and you believe the denial is wrongful, you have a right to file a claim with the SCWCC. You will fill in Form 50 the details about your workplace accident and injury. Family members (if death occurred) would fill in Form 52. You can ask for a hearing or have the commission decide your claim based on your documented evidence.
The formal hearing process involves a lot of legalities. Your employer or their insurer may plant landmines to blow up your case. Also, your case may be dismissed due to technical issues.
That’s why you need our top-in-class David Aylor lawyers from the word go. They will help you escape all the possible traps and errors to get your deserved benefits.
Mediation Proceeding or Hearing
Upon request for a hearing, you may be asked to meet with your employer in a mediation proceeding. A third party and the employer’s representative will also be present in that meeting.
Be sure to bring a qualified lawyer from David Aylor to increase your chances of winning your rightful workers’ compensation settlement.
If the mediation doesn’t bear desired fruits, the commission will schedule a hearing within about four months.
If their ruling doesn’t satisfy you, you can file a workers’ compensation suit. So the further the appeals go, the longer the compensation timeline. And given your injury, you can easily give up.
But with the services of our qualified lawyers, you can leave the lengthy, windy, and confusing legal processes to us as you recover from the illness or injury. In most instances, our clients’ cases don’t have to reach the doors of courts for them to get their benefits. If you want a quick conclusion to your case, call us today via (843) 744-4444 or chat with us online.
How long do I have to file a workers’ compensation claim in Myrtle Beach, SC?
You have two years from when you were injured (or should have known of your injury) to file the paperwork
Is a lawyer necessary for a workers’ compensation claim?
While getting a lawyer isn’t a legal requirement, they will boost your chances of winning your claim faster.
Why was my claim denied?
The employer or its insurer denied your claim because they believed it didn’t meet the requirements for benefits. But a lawyer can help you identify legal grounds that qualify you for compensation.