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When pursuing a workers’ compensation claim in South Carolina, it is imperative to understand the laws. The legal process is complicated and requires in-depth legal analysis and expertise to crack through. Unfortunately, many employees injured on the job do not know their rights to compensation, and some miss out on the opportunities to get their rightful compensation in the long run.
If you are injured on the job, you can file for compensation under the South Carolina laws and pursue a workers’ compensation claim. This guide helps you understand your compensation rights as a worker in South Carolina.
What is the Workers’ Compensation Act?
Workers’ compensation laws protect employees who are injured or disabled at work. The laws allow injured employees to receive compensation for the injuries incurred. Types of damage you can recover are medical bills, lost wages, and rehabilitation expenses. The employee gets fixed monetary awards as compensation to eliminate litigation. If a family loses an employee at work, they also have the right to compensation from the relevant insurance company.
Workers’ Right of Compensation in South Carolina
You Have the Right To Recover the Damage Incurred In a Work-Related Accident
If you suffer injuries while at work, report the accident to your supervisor and seek medical care immediately. The supervisor will report to the employer. Once the employer gets notified, they should inform their insurance company about the accident.
The insurance company will ask for the medical report and pay you for the damage. You can recover medical expenses, lost income, and permanent disability. If the insurance company denies the claim, you should contact an experienced workers’ compensation attorney such as David Aylor Law Offices to advise and fight for your rights.
Workers’ Compensation is a “No-Fault” System in South Carolina
During the assessment of your case, the judges do not determine whether you are entitled to compensation or not. Even if you get injured due to your negligence at work, South Carolina laws protect your compensation rights. Also, your employer’s negligence doesn’t increase the value of your claim.
According to the laws of South Carolina, you have the right to compensation as long as you are injured at work. However, you will not receive compensation if you get injured due to intoxication or fraud. It is best to work with a South Carolina workers’ compensation attorney such as David Aylor Law Offices to help you handle the case.
No Retaliatory Firing from Your Work in South Carolina
In South Carolina, you have the right to continue working after filing a workers’ compensation claim against your employer. The company has no right to fire you whatsoever. However, some employers break the law and fire employees unfairly. If you get dismissed from work because of filing a claim against your employer, speak to the team at David Aylor Law Offices to stand in the gap for you and protect your rights.
Permanent Injuries and Disabilities Have Fixed Compensation Amount
Some work-related injuries can leave you with permanent disabilities and injuries. You may no longer be able to do what you used to do before the accident. According to South Carolina workers’ compensation law, you are entitled to a fixed amount that comes in weeks of wages. For instance, if you lose a finger or toe at work, you can be paid two-thirds of your weekly remuneration for thirty-five weeks. You might also receive two-thirds of your salary for eight weeks as compensation for hearing loss from a work-related injury.
An experienced South Carolina workers’ compensation attorney such as David Aylor Law Offices understands the legal processes and will help protect your rights for the injuries you incurred in a work-related accident.
Employers Insurance Carrier is Responsible for Compensating Your Injuries
Never get afraid of filing a workers’ compensation claim thinking that your employer will spend thousands of dollars from the pocket on the damage you suffered in the accident. Your employer’s insurance company is responsible for paying you, not your boss.
While your employer may pay a higher premium, unlike before the accident occurred, it is usually not too high compared to the damage you incurred. Contact David Aylor Law Offices for professional legal advice if you find it challenging dealing with your employer’s insurance carrier.
Pursue Civil Action if the Accident Happened Due to Another Person’s Negligence Other Than Your Employer or Colleague
Not all work-related accidents happen because of the employer’s negligence or a co-worker. Sometimes, it could be due to a third party’s negligence. For instance, if a cleaner leaves the floor wet after cleaning, you might slip and fall due to the slippery floor. In this case, you have the right to pursue both a civil action against the cleaning company and workers’ compensation against your employer.
You can recover the loss of enjoyment of life, mental distress, and physical pain in a civil action. Since such cases are complicated, it is best to work with an experienced South Carolina Workers’ compensation lawyer such as David Aylor Law Offices to handle the case for you.
Most Employers Are Expected To Have Workers Compensation Coverage
If you work with an organization that has more than four employees, your employer should have workers’ compensation coverage. In this case, you can file for compensation if you get injured at work.
Since South Carolinas workers’ compensation laws are complicated and challenging to deal with, it is best to speak to an experienced workers’ compensation attorney like David Aylor Law Offices. The lawyer will help you understand the circumstances under which you are expected to file a workers’ compensation claim.
Seek Help from an Experienced Myrtle Beach Workers’ Compensation Attorney
It is imperative to know your rights as an employee. This will help you make informed decisions if you get injured at work. Want to know more or get help with your workers’ compensation case? We can help. Contact us today for a free consultation.
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FAQs
What should I do when I get injured at work?
If you suffer severe injuries on duty, you should seek medical care immediately. Collect evidence at the accident scene, report the case to your employer and speak to an experienced workers’ compensation attorney.
Who is supposed to file my workers’ compensation claim?
The South Carolina laws state that it is the employer’s responsibility to file a claim after an accident. If the employer fails to file the claim, you can fill in and submit form 50.
What do I do if the insurance company denies my claim?
You can file a hearing with the workers’ compensation commission in case of a claim denial. You are expected to fill in form 50 and check the box indicated as “I’m requesting a hearing.”
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