The Workers’ Compensation Lawyers at The Strom Law Firm, LLC, aggressively fight to secure compensation for employees who are victims of work injuries.
If you’ve been injured at work, chances are you aren’t familiar with South Carolina’s workers’ compensation laws. So what should you do when you when you get hurt at work? See our simple overview below and reach out to the Strom Law Firm LLC’s workers’ compensation attorneys to discuss your case. Your case will be reviewed free of charge. Just give us a call or fill out the case evaluation form at the right.
South Carolina work injury laws at a glance:
- What is workers’ compensation?
- Who qualifies for workers’ compensation benefits?
- What are the benefits for workers’ compensation?
- What qualifies as a work injury or work accident?
- Why do I need a work injury lawyer to get workers’ comp benefits?
Basically, it’s an insurance policy your employer must carry to make sure that employees that suffer a work injury can obtain necessary medical treatment and financial assistance. This assistance can also cover lost wages and additional compensation for any work-related injury, sickness or disease that creates a partial or total inability to work. Workers’ compensation is available regardless of fault when the injury arises from and in the course of an employee doing his or her job.
By law, every South Carolina employer with four or more full-time employees must have workers compensation insurance.
The protection provided under the South Carolina Workers Comp Act is only the beginning of your right to compensation for a workplace injury.
Any full-time employee (working for an employer with four or more employees) who has an employment-related injury and needs medical attention should be covered under workers’ compensation insurance. It doesn’t matter if the work injury was a complete accident or the fault of a co-worker.
The employee MUST notify his or her employer within 90 days of the injury or risk losing the right to benefits under workers compensation. (It is recommended that you record details of your accident and to whom you reported it.)
Migrant and seasonal farm workers are not covered under workers’ compensation insurance.
If it’s been more than 90 days since you were injured at work, you may need help obtaining benefits for medical treatment and lost wages. You can contact the Strom Law Firm’s work injury lawyers to discuss the facts of your case at no charge.
Workers’ compensation insurance benefits to assist the injured employee include:
Medical treatment and other medical expenses (gas mileage, public transportation costs)
Lost wages: 2/3 of an employee’s wages will be paid out after a seven-day waiting period
Compensation for a permanent loss: blindness, loss of limb
Death benefits to spouse and dependents
There are obvious work injuries and not-so obvious work injuries.
Physical injury: an accident such as a fall, chemical burn, cut.
Repetitive injury: an injury acquired by repeating the same acts over and over through work. This could be accumulative hearing loss, debilitating back pain, carpel tunnel, neck pain. It is recommended to report a repetitive injury as soon as you need to seek medical attention for it.
Disease: an occupational disease is one that is acquired because of your job such as lung diseases (ex. Asbestosis) from work environments and hazardous work-related materials, or disease contracted because you work in a hospital.
Mental issues: Mental issues from extreme or unusual work conditions or from an ongoing work injury.
Anyone can file a workers comp claim for a work-related injury on their own. The South Carolina Worker’s Comp Commission is supposed to oversee conflicts that arise between the injured employee and the employer’s insurance company.
However, even with a mediator, an injured employee is challenged to act on his own behalf against a business entity. Insurance companies have lawyers, lots of fine print and look for reasons not to pay. Workers’ compensation is their business. The company’s employees are experts. An injured employee is in a weakened and stressed state. Plus, the employee must be evaluated by a doctor hired by the insurance company; this evaluation is used to determine approval, treatment and/or settlement of the employee’s worker’s comp claim.