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Like most states, South Carolina affords financial protections to workers who suffer harm due to job-related tasks. This system, known as workers’ compensation, allows an injured worker to recover medical expenses, lost income, and even disability benefits, even when the employer did nothing wrong to cause the accident.
If you are hurt on the job but denied appropriate compensation, a Bluffton workers’ compensation lawyer could work to prove your injury, file the necessary paperwork, and pursue benefits on your behalf. A seasoned personal injury attorney with extensive knowledge of the applicable laws could safeguard your legal interests and offer counsel and advice at each stage of the workers’ compensation claims process.
How Long do I Have to Report a Work Injury?
South Carolina Code of Laws §42-15-20 provides injured workers 90 days to report their injury to their employer. If they fail to do so, they could be barred from seeking benefits.
The law provides workers more time to speak with a local workplace injury attorney before filing a claim with the State Workers’ Compensation Commission. Under S.C. Code §42-15-40, injured workers have two years in total to file their claim. A nearby workers’ compensation lawyer could help ensure the claim is filed promptly and correctly.
The Process of Filing a Workers’ Comp Claim
Once a worker has filed their claim, their employer should contact their insurance company, which could investigate their case by speaking with physicians and witnesses as well as reviewing other available evidence. The insurer would use the evidence to determine whether the worker should receive compensation and how much they should be granted.
After the insurance company reaches a determination, they would send the worker a denial or approval letter. If approved, the worker would receive details regarding the compensation they would receive and when benefits would commence. In the event of a denial of benefits, a workers’ comp attorney in Bluffton could help someone appeal the denial and get compensation for their workplace accident.
Appealing a Workers’ Compensation Claim Denial
Workers’ compensation claims could be denied for several different reasons. Some of the most common are disputes regarding whether the individual’s injury actually occurred on the job, disputes regarding the severity of the injury, or a procedural issue with the individual’s application such as late filing or insufficient evidence.
Once an injured worker receives an official denial letter for and decides to contest the decision, the appeals process would be with a hearing before one of the state’s workers’ compensation commissioners, where all parties involved in the claim would have the chance to present their case. Ultimately, a workers’ compensation appeal would only be successful if the individual can make a strong case that the initial ruling was made in error.
What Benefits are Available through Workers’ Compensation?
A Bluffton workers’ comp lawyer who specializes in could help an injured worker pursue various types of benefits, including:
- Medical care to cover the full costs of the worker’s necessary medical treatment, including hospital and doctor visits.
- Income replacement benefits, if an injured worker is unable to go to work for at least seven days.
- Total disability benefits for up to 500 weeks—or for life in the event of paralyzing injuries and permanent brain damage—if an injury leaves a worker permanently and totally disabled
- Partial disability benefits comprising two-thirds of a worker’s average weekly wage if they are partially impaired permanently in some way
- Death benefits if a loved one passes away because of a work accident, mean to cover burial costs and up to two-thirds of the decedent’s income for up to 500 weeks
Generally, almost all Bluffton employees should be eligible for workers’ compensation benefits. A few exceptions may include individuals who work at companies employing fewer than four people, federal employees working in Bluffton, railway employees, agricultural workers, and certain temporary employees.
Contact a Bluffton Workers’ Compensation Attorney
If you were injured at work and need assistance with the claims process or appealing a workers’ compensation denial, do not hesitate to contact a Bluffton workers’ compensation lawyer at Schiller & Hamilton right away. It may be crucial to have qualified legal representation from the outset so you can protect your legal rights. Get in touch with our workers’ compensation firm now to schedule a case consultation.