Being injured on the job can cause all kinds of concerns, starting with what to do when injured at work, what to say when reporting a workplace injury, and if your workplace injury qualifies you to receive worker’s compensation. These are all valid questions that can be answered by a Charleston workers’ compensation lawyer. Shelly Leeke Law Firm focuses on personal injury cases, including workplace accidents in which employees have been denied workers’ compensation and are seeking further legal action, and has successfully recovered millions of dollars in trial verdicts and workers’ comp benefits for those in need.
Our skilled team of legal advocates can offer you the legal support you need when you need it most. Read on, or take action by calling a top-rated Charleston personal injury lawyer at our firm for a free consultation provided by Shelly Leeke Law Firm. When you do, you can learn about ways to maximize your claim or calculate the amount of your workers’ compensation settlement.
Reporting a Work-Related Injury in South Carolina
The aftermath of your work accident may be chaotic. Remain as calm as possible and report your injuries to the necessary parties. When reporting a workplace injury to your employer, it is critical that you follow these steps to ensure your health and protect the legality of your claim:
- Evaluate your condition to see if a paramedic or doctor is needed. Call 911 or seek medical attention right away. It is best to have a manager transport you if emergency services are not needed so that they can inform the doctors that this is a work-related injury.
- Ensure that the company’s name and workers’ compensation provider are supplied to the medical facility. If your injury is treated onsite, it should all be documented thoroughly.
- Report the injury to the worker’s compensation carrier within 24 hours of the incident, file a report of injury with the South Carolina State Accident Fund, and include as much information as possible. Keep copies of all documentation.
- While awaiting your claim decision from the insurance provider, refrain from posting online or talking about the workplace incident with other employees. Consult with a workers’ compensation attorney in Charleston if you need more insight.
- Upon receiving your claim, the proposed reimbursement can cover medical expenses and lost wages if allowed. You are allowed to appeal if your claim is denied or contact an attorney if additional financial assistance is needed beyond the capacity of the awarded amount.
Timeline for Filing a Workers Compensation Claim in South Carolina
The South Carolina Workers’ Compensation Commission states that you have 90 days from the date of the accident to notify your employer of a workplace accident. But it is recommended that you report it immediately. You run the danger of losing the benefits to which you are legally entitled if you do not act quickly.
You have an additional two years to file a benefit claim according to South Carolina Code §42-15-20. That does not imply that you can wait up to two years to report an injury you received at work. In other words, if you have previously reported your injuries and need more benefits, you have two years to file a claim for them.
Eligible Insurance Compensation for a Workplace Incident
Medical benefits, lost pay, and permanent disability are the three categories of benefits offered for work-related accidents. Unfortunately, the South Carolina Workers’ Compensation Act does not allow for a recovery from pain and suffering. Your capacity to continue working, the severity of your injuries, and the average weekly salary you made from all of your employers before the injury all play a role in how much workers’ compensation pays.
Injuries that Qualify for Workers’ Compensation
Usually, workers’ compensation will pay for an employee’s injuries if they occur while they are on the job site. If offsite, an employee’s injury must have happened while they were working within the confines of their employment for it to be covered by the Workers’ Compensation Act. The extent of employment is determined by how much control the employer had over the situation at the time that the disaster happened. These are a few examples of injuries that are covered under workers’ compensation:
- Falling or being dropped from a high position.
- Back injuries or broken bones from any equipment or tools owned by the employer.
- Experiencing a back injury as a result of heavy or strenuous lifting.
- Becoming sick after being exposed to harmful toxins.
Exclusions to Workers’ Compensation in South Carolina
Some workers in South Carolina are not considered to be employees. Others are not eligible to receive benefits from remuneration. This list consists of:
- Casual employees who do not have regular working hours and just work as necessary.
- Employers who made less than $3,000 on payroll in the previous year.
- Agriculture personnel.
- Railroad or railroad express company staff.
- Farmers who sell their products.
- Licensed real estate agents.
- State and federal employees.
You could also be prohibited from recovering workers’ compensation benefits if you violated your employer’s code of conduct. If you were under the influence of drugs or alcohol, roughhousing at work, or working off the clock, you may be disqualified from workers’ comp eligibility. You could also lose your right to financial support if your injuries were intentionally self-inflicted.
When to Contact a Workers’ Compensation Lawyer in Charleston
At Shelly Leeke Law Firm, your workers’ compensation attorney in Charleston focuses extensively on those suffering from job-related injuries. If you have questions regarding your claim, need assistance navigating the claims process, or need help understanding how to proceed further, we are here for you. Contact us if any of the following instances pertain to you:
- Your workers’ compensation claim was rejected.
- You are not receiving adequate compensation in the form of benefits to cover the approved expenses.
- Your employer missed the deadline to file your workers compensation claim.
If you are unsure whether you have grounds for legal action, do not hesitate. Contact us to explore your legal options further. Your Charleston work injury attorney will work tirelessly to help you get through these difficult times.
Charleston Workers’ Compensation FAQ
Can I Collect Death Benefits Through Workers’ Comp?
If you lost a family member in a work-related accident, you may be eligible for death benefits under the South Carolina Code of Laws, Title 42, Chapter 1, §42-1-110. However, these benefits are typically only available to the decedent’s surviving spouse and children. Surviving spouses can generally collect workers’ comp until they remarry or reach the maximum number of weeks allowable, while children can continue receiving workers’ comp until they reach the age of 18.
Do I Qualify for Workers’ Comp as an Independent Contractor?
Most independent contractors do not qualify for workers’ compensation benefits. If you were hoping to collect workers’ comp from your client’s insurance coverage, you may be disheartened to learn you do not qualify. However, as an independent contractor and small business owner, you may be able to purchase your own workers’ compensation coverage, which you could tap into in the event of an on-the-job injury.
What Does It Cost to Hire a Workers’ Compensation Lawyer in Charleston?
You can hire a work injury attorney on contingency when you choose Shelly Leeke Law Firm. We almost exclusively work for our clients on a contingency basis, which allows them to move forward with their claims without having to put a retainer down or cover expensive hourly attorney’s fees. With Shelly Leeke Law Firm, we only get paid if we win your case.
What Is Maximum Medical Improvement?
Maximum medical improvement (MMI) refers to the point at which you are not expected to get any better. If you have suffered injuries that left you with a temporary disability, maximum medical improvement may occur when you fully heal or when it becomes clear additional treatment will not help you improve any further. Some insurance companies attempt to wait to approve workers’ compensation claims until claimants have reached MMI.
Connect with a Workers’ Compensation Attorney in Charleston for Help Today
You should not continue to struggle financially when you are injured in your line of work. Your employer should help you get through these difficult times. By filing a claim for workers’ comp benefits, you have a chance to get your necessary expenses covered now so you can heal without financial worry.
Arrange a free, no-obligation consultation today with a dedicated Charleston workers’ compensation attorney from Shelly Leeke Law Firm to discuss your case. You can reach us by phone or through our confidential contact form to get started as soon as today. When you can heal from your injuries without the weight of the world on your shoulders, you will be glad you did.
