Determining the Validity of a Worker’s Compensation Claim in Rock Hill
While obtaining benefits from a worker’s compensation policy may seem like a simple process, there are many laws that determine whether your experience qualifies you for these payments. In short, worker’s compensation provides benefits when an on-the-job injury results in your inability to continue working.
While simple on its surface, this description is actually very nuanced. Insurance companies understand the law and will only issue payments if your claim fits within these precise definitions. As a result, it is essential to understand when a claim is valid under workers’ compensation laws in Rock Hill.
An experienced workers’ comp lawyer may be able to help you in this process. If your claim was denied, they could explain that denial, evaluate your prospects moving forward, and pursue an appeal on your behalf to establish the validity of your worker’s compensation claim in Rock Hill.
Reporting the Incident to Your Employer
The first step in a valid Rock Hill worker’s compensation claim is providing notice to your supervisor. Ideally, this notice will be in writing, but it is not legally necessary. What is required is that an injured worker file this notice no more than 90 days after the injury under South Carolina Code §42-15-20. A Rock Hill lawyer could provide more information about a worker’s reporting requirements.
Is the Injury Sufficiently Severe to Require Payments?
Any injury that occurs while on the job will entitle a worker to medical care. However, cash benefits only apply if the employee misses at least seven days of work. Furthermore, if an employee misses 14 days of work or more, they can receive payments for that seven-day waiting period.
As a result, it is essential to attend all recommended medical appointments during this waiting period and for the length of one’s disability. This serves to both document the extent of one’s injuries and provide proof to the insurance company that the injury is truly disabling.
Is the Injury the Result of an On-the-Job Incident?
Perhaps the most common source of disputes concerning worker’s compensation claims is whether the injury is related to a person’s job. According to South Carolina Code §42-1-160, the only injuries that qualify under worker’s compensation insurance protections are those that arise out of the course of one’s employment.
In simple terms, this means that a worker must be on the clock and performing their typical work duties to collect worker’s compensation benefits. Typical examples of non-work-related injuries include:
- Slips and falls in parking lots while off the clock
- Injuries that occur during a commute
- Injuries caused by horseplay while at work
A claim for benefits can involve physical injuries, mental health concerns, and even an inability to work because of repetitive stress. However, it is always essential to be able to connect that condition to one’s job duties.
A Rock Hill Attorney Could Help You to Determine the Validity of Your Worker’s Compensation Claim
The outcome of a worker’s compensation claim could determine your financial future for months or years to come. While most employees in Rock Hill enjoy these protections under State law, not every incident that occurs on work property can be the source of a claim. Injured workers must prove that their injury arose while performing their work duties and that the injury prevents them from working.
Proving these claims can be surprisingly complex. Insurance companies may question whether the injury occurred while on-the-job, may dispute whether you gave proper notice to your employer, or even whether your injuries are sufficiently serious to require payment.
An attorney in Rock Hill could help you to understand the elements of a proper claim for worker’s compensation benefits. They could also help you to pursue appeals when insurance companies dispute the validity of your claim. Contact Schiller & Hamilton today to discuss your case.