If you have been injured while at work, you may be entitled to receive workers’ compensation benefits. These benefits are meant to cover your medical bills, lost wages, treatment costs, and other expenses obtained as a result of your on-the-job injury.
The South Carolina workers’ compensation system is complex, however. It is wise to consult with a Denny Terrace personal injury lawyer to ensure your claim is filed appropriately. Shelly Leeke Law Firm has dedicated and experienced South Carolina personal injury lawyer who are ready to help you obtain maximum compensation for your injuries and get back on the job as quickly as possible.
Who Is Eligible to Receive Workers’ Compensation
The South Carolina Workers’ Compensation Act requires that all employers with more than three employees have workers’ compensation insurance coverage. There are some parties who are exempt from this requirement:
- Agricultural Employees
- Businesses With Annual Payroll Under $3,000
- Casual Employees
- Federal Employees
- Railroads
- State and County Fair Associations
A workers’ compensation attorney in Denny Terrace can help you determine whether you need workers’ comp insurance coverage as an employer.
What Is Considered an Employee in Denny Trace
The Workers’ Compensation Act considers an employee anyone who is:
- Underemployed
- Contracted for hire
- An apprentice
You can be employed full-time or part-time to be covered. Your position as an employee does not have to be expressed – it can be implied. Foreign workers and minors are also covered by workers’ compensation coverage, even if employed illegally.
Whatever your employment status, Shelly Leeke Law Firm is able to guide you through your workers’ compensation claim process.
Workers’ Compensation Benefits Qualifying Employees May Be Entitled
In South Carolina, workers’ compensation covers any injuries that you receive as a result of a work-related accident that occurred while you were working within the scope of your employment. It does not matter whose fault your accident was unless you were intoxicated, intentionally hurt yourself, or engaged in fraudulent activity that led to your injury.
You may be able to receive the following benefits as an injured employee.
Medical Expenses
Your employer may pay for the medical expenses you incurred as a result of your on-the-job injury. These expenses can include those for doctors’ visits, hospital stays, surgeries, medications, physical therapy, medical equipment, and mileage used for medical visits.
Your employer has the right to choose the doctor you see for treatment. Keep in mind that if you see an unapproved medical provider, your employer may not be liable for those expenses.
Lost Wages
If you are unable to work as a result of the injuries you received in your work accident, your employer may be responsible for paying a portion of the wages you have lost. In South Carolina, workers’ compensation typically pays about 2/3 of your average weekly pay.
Disability
If your accident left you disabled, you could receive disability benefits. These are also about 2/3 of your weekly pay. There are four primary categories of disabilities that workers’ compensation may cover:
- Temporary total disability
- Temporary partial disability
- Permanent total disability
- Permanent partial disability
Your employer may also be responsible for paying for vocational rehabilitation or funeral and death expenses if your spouse, children, or a parent was fatally injured in a work accident.
Causes of Workers’ Compensation Injuries
There are several common causes of workplace accidents:
- Falling or tripping
- Equipment failure
- Car accidents
- Occupational illnesses
- Overexertion
- Repetitive strain
- Workplace violence
Whatever the cause of your workplace injury, Shelly Leeke Law Firm can assist you in filing your workers’ compensation claim.
How to File a Workers’ Compensation Claim
The workers’ compensation process can be confusing and complex. A Denny Terrace workers’ compensation attorney is familiar with the process and can walk with you through the necessary steps and will put your interests first. The steps you should take include:
- Give your employer notice within 90 days of your injury: If you do not notify your employer of your on-the-job accident, the insurance company may have the right to deny your claim and refuse to provide you with the benefits you deserve.
- File an incident report: It is important that you file a written report with your employer to document your workplace accident. This evidence can be used to support your claim in the event the insurance company denies your claim.
- Ensure a claim is filed with the South Carolina Workers’ Compensation Commission (SCWCC): Your employer is responsible for formally filing your workers’ compensation claim, but it is up to you to make sure they actually do. There is a two-year deadline to file a workers’ compensation claim with the SCWCC.
In some instances, your workers’ compensation claim may be denied. If this happens, you have the right to appeal the denial. Shelly Leeke and her team of experienced workers’ compensation lawyers in Denny Terrace can help you submit that appeal and fight for the benefits you deserve.
Other Steps You Should Take to Support Your Workers’ Compensation Claim
In addition to filing an incident report, you should take additional steps to document your workplace injury claim.
- Take photos of the accident scene and your injuries.
- Collect witness contact information and statements.
- Get medical help for your injuries.
- Keep a record of your monetary and non-monetary damages.
- Consult with a workers’ compensation lawyer in Denny Terrace.
How Long a Workers’ Compensation Case Can Take
Your workers’ compensation claim process can take several months if your claim is challenged or denied. If your claim for relief is denied, let Shelly Leeke Law Firm go to work for you to fight for the recovery to which you are entitled.
Shelly and her team will request a hearing with the SCWCC. This will put your case in front of an individual commissioner who will listen to arguments from your attorneys and your employer. He may also consider testimony from your medical providers. Ultimately, the commissioner will issue his finding detailing the recovery you will receive.
How to Protect Your Rights in a Workers’ Compensation Claim
Contacting the experienced workers’ compensation team at Shelly Leeke Law Firm is the first step you should take after your workplace injury to protect your interests. She and her team will fight to get you the compensation you are entitled to after your accident so you can focus on recovering and getting back to work.
Contact Shelly Leeke Law Firm today for a no-cost, no-obligation consultation with her workers’ compensation team.
