In South Carolina, the Workers’ Compensation Act ensures that employees who sustain injuries in the course of their jobs are eligible for certain benefits. These benefits include coverage for medical expenses and weekly wages if the injury results in lasting impairment. Employers with at least four employees must pay for insurance that provides these benefits.
To initiate a workers’ compensation claim in South Carolina, an injured worker should seek prompt medical attention, inform their employer about the injury, and await approval or denial by the insurance company. In most cases, employees are entitled to benefits regardless of who is at fault, but that doesn’t guarantee a fair settlement.
A South Carolina workers’ compensation lawyer can help protect your rights if a dispute arises.
Procedures to Secure Workers’ Compensation in South Carolina
Specific procedures are vital to securing a workers’ compensation claim following a workplace incident. The statute of limitations for such claims is two years, according to SC Code § 42-15-40. However, it is imperative to adhere to additional deadlines, including reporting your work-related injury to your employer within 90 days.
Here are the steps you should take after an injury:
- Report the injury to your employer: While verbal notification is acceptable, supplementing it with an email can establish a useful paper trail, which may be necessary in case of claim complications.
- Seek immediate medical attention: To be eligible for compensation, you must obtain a diagnosis and treatment from a healthcare professional approved by your employer. However, you can seek a second opinion from the physician of your choice. In emergencies, an ambulance can transport you to the nearest hospital.
- Comply with your doctor’s recommendations: The insurance company may use your failure to follow the doctor’s instructions to lower the value of your claim. It is crucial to adhere to all treatment orders your healthcare provider prescribes.
- Maintain comprehensive records: Detailed records of your accident and treatment are important to your case. These records may become necessary if the insurance company challenges your claim. Additionally, you should save copies of any forms you complete.
How Insurance Companies Manage Work Injury Claims
Be careful when dealing with your employer’s insurance company. While they may appear concerned about your well-being, their primary objective is safeguarding their financial interests. Because of this, their goal is often to persuade you to accept a lowball settlement.
Once you file a claim, you should refrain from discussing your injuries or damages with anyone from your employer or an insurance adjuster if they approach you. Remember, any statements you make can be used against you.
The primary aim of an adjuster is to either make you admit fault for the accident or diminish the severity of your damages. Their job is to try to absolve the insurance company and your employer of their financial obligations. An experienced workers’ compensation attorney can counter these tactics.
The Importance of Hiring a Qualified South Carolina Attorney
Navigating a workplace accident is unfamiliar territory for most people, often resulting in unintentional mistakes that can hinder their physical and financial recovery.
Enlisting the help of a South Carolina workers’ compensation attorney from the Thumbs Up Guys offers several key advantages:
Focus on Recovery
Workplace injuries can vary in severity, and prioritizing your health and recovery is paramount if your injuries are serious. Dealing with the stress and complexities of settlement negotiations and legal proceedings can be physically and mentally taxing.
You can relax and focus on healing by entrusting your legal matters to our workers’ comp attorneys. Let us handle all the legal intricacies on your behalf.
If the insurance company or your employer delays your settlement, one of our attorneys can help streamline the process. Delay tactics are often used to pressure you into accepting a lower settlement offer. They understand that you may face increased financial strain as time passes, which can push you to agree to subpar terms.
These stalling tactics become ineffective with an experienced attorney advocating for your rights. You can protect yourself from deceptive strategies that force you to accept less than you deserve. In many cases, simply retaining a workers’ comp lawyer will compel insurance companies to offer a fair settlement.
Establish a Compelling Workers’ Compensation Case
Building a strong claim as an injured worker necessitates substantial evidence. Insurance companies typically resist offering full compensation without a robust argument.
The strength of your evidence significantly influences your chances of securing the maximum compensation available. We can assist you in acquiring vital evidence, such as surveillance footage, medical records, and witness statements.
Additionally, we can collaborate with experts across various fields to support your claim, increasing the likelihood of obtaining the financial compensation you need.
Exclusions in South Carolina
In South Carolina, specific categories of workers are either not considered employees or are ineligible for workers’ compensation benefits.
The following groups of workers are exempt from filing for or receiving workers’ comp:
- Workers with irregular or as-needed employment without regular working hours
- Employers with a payroll of less than $3,000 in the preceding year
- Agricultural laborers
- Employees of railroad or railroad express businesses
- Farmers who market their own agricultural products
- Licensed real estate agents
- Federal and state government employees
Contact the Thumbs Up Guys Today
While workers’ compensation laws provide a path to file a claim and seek compensation for your damages, they don’t ensure a fair settlement. You need the Thumbs Up Guys on your side to secure an amount that accurately reflects your losses.
Reach out to us by phone or through our online contact form to arrange a free case review with a South Carolina workers’ compensation attorney. This consultation is free, and we are here to advocate for your rights.
Contact us today to get started.