What does Workers’ Compensation Cover in South Carolina?

Dealing with a workplace injury can feel like an uphill battle. Not only are you confronted with physical pain and emotional distress, but navigating the complex world of workers’ compensation can add to the confusion and stress. This is a time when hiring a worker’s compensation attorney in South Carolina can make a big difference

At Miller Dawson Sigal & Ward, our team will guide you through the complexities of the legal process, advocating for your rights, and working towards securing the compensation you deserve. Learn more about what South Carolina workers’ comp law covers below.

What Can I Get Compensated for After a Workplace Injury in South Carolina?

Workers’ compensation in South Carolina offers a wide range of coverages for individuals injured on the job. It’s intended to offer relief and support during a challenging time. Let’s discuss what exactly you can expect to get compensation for:

• Medical Expenses: The Act covers all necessary medical treatments arising from a workplace injury. These can include hospital bills, prescription medications, physical therapy, and surgeries. However, remember that your employer has the right to choose the treating physician.
• Temporary Total Disability: If your work-related injury prevents you from performing your duties for some time, you’re eligible for temporary total disability benefits. These benefits help compensate for lost wages during your recovery period.
• Permanent Disability: Should your work injury result in permanent disability or impairment, the Act ensures you receive compensation. The exact amount depends on the severity of the disability and its impact on your future earning potential.
• Disfigurement: Workers who suffer disfigurement or scars due to a workplace accident are entitled to compensation under the Act.
• Death Benefits: In the unfortunate event of a worker’s death due to a work-related injury or illness, the Act provides death benefits to the dependents. This usually includes funeral expenses and compensation for lost financial support.

Remember, each case is unique, and what is covered can vary. It’s crucial to consult with a skilled attorney to understand exactly what benefits you may be entitled to receive.

How does the South Carolina Workers’ Compensation Act Support Workers?

The South Carolina Workers’ Compensation Act is designed to ensure you have a fair shot at compensation, regardless of how the injury occurred. Here’s how it supports workers, according to an article by the South Carolina Bar on your rights under the SC Workers’ Compensation Act:

• It enables you to recover medical expenses, lost wages due to temporary disability, and benefits for permanent disability should your injury result in long-term impairment.
• Under this Act, your employer has the right to choose the doctor who treats you. However, you can select your physician for disability evaluation, although your employer won’t cover this.
• The importance of reporting the injury to your supervisor immediately can’t be overstressed. This is your first step in securing your rights under the Act.
• The Act expects your employer to take responsibility for suitable medical treatment. If they deny your claim, it’s your right to handle the case independently or enlist an attorney’s services.

How does the Dispute Resolution Process Work Under the South Carolina Workers’ Compensation Act?

If your claim faces denial or continuous contestation, the South Carolina Workers’ Compensation Act outlines a structured dispute resolution process. Here are the steps you should follow, according to the South Carolina Bar:

• File a Form 50 with the Workers’ Compensation Commission. This document details the parties involved, accident date and description, injuries, medical treatment needs, any disfigurement, and other relief you’re seeking.
• Your employer, usually represented by an insurance carrier, will file a Form 51 response, either admitting or denying your claims.
• The case is assigned to a Commissioner who will review all facts, rule on the law, and hear your case in three to five months.
• Medical testimony usually comes in the form of a deposition, and your physician won’t typically attend the hearing. The Commissioner will rely on medical records you and the Carrier present.
• Following the hearing, the Commissioner issues an Opinion and Award outlining his/her findings and the relief, if any, you get. You can appeal to the full Commission within 14 days if you’re dissatisfied with the decision.

Every worker is given an equal opportunity to fight for their rights thanks to the Act. Keep in mind that the settlement of a workers’ compensation claim is not affected by blame or negligence, unless, for instance, the employee was intoxicated at the time of the incident.

Why Should I Hire a Workers’ Compensation Lawyer?

Facing a workplace injury is an unforeseen and challenging ordeal. One of the most significant steps towards safeguarding your rights and securing your future is to engage a knowledgeable workers’ compensation lawyer.

Our attorneys can provide vital guidance during this tough time, helping you make informed decisions, manage intricate legal procedures, and uphold your rights.

A workers’ compensation lawyer can play a vital role in achieving a successful outcome for your claim. We can assist in:

• Gathering necessary medical evidence.
• Documenting your injuries and their impact on your life.
• Negotiating with the insurance company on your behalf.

We’re here to stand up for you, ensuring your voice is heard and your rights are defended.

How Can an Attorney Assist in Securing Workers’ Compensation?

Securing the compensation you’re entitled to can be a daunting task, especially when dealing with insurance companies and intricate workers’ compensation laws. We’re equipped to handle these challenges. We will help you with:

• Accumulating relevant evidence
• Understanding medical terminologies and translating them into compelling legal arguments
• Negotiating assertively with insurance firms

Our objective is to alleviate the stress of the legal process and maximize the compensation you receive.

What Is the Statute of Limitations for Workers’ Compensation Claims in South Carolina?

It’s important to note that there is a timeline within which you must file your workers’ compensation claim in South Carolina. If you don’t adhere to this timeframe, known as the statute of limitations, you risk losing your right to compensation. The key points to remember are:

• The claim must be reported to your employer within 90 days of the injury
• A claim for workers’ compensation benefits must be filed with the South Carolina Workers’ Compensation Commission within two years of the injury

Understanding and complying with the statute of limitations is critical for your claim’s success.

How Can I Get in Touch With a South Carolina Workers’ Compensation Attorney Today?

Dealing with a workplace injury can be challenging and stressful. It’s not only about overcoming physical pain but also managing the intricacies of workers’ compensation law. Immediate action is necessary not only for your recovery but also to secure your legal rights and entitlements.

At Miller Dawson Sigal & Ward, we’re here to support you in this difficult time. We’re ready to provide the legal assistance you need, so don’t hesitate, contact us today. Remember, a delay can risk your claim, so reach out now to safeguard your future.