No one wants to get injured, but unfortunately, accidents happen. They can happen anywhere and at any time. In most cases, there’s nothing that can be done to prevent an accident from happening. However, if you are injured while on the job, all hope is not lost. Injuries that occur either on the job or as a result of your job are covered under workers compensation laws.
In South Carolina, these laws are designed to protect both the employee and the employer. Employees who are injured on the job are entitled to certain benefits, including medical expenses and lost wages. Employers are protected from being sued by employees for workplace injuries.
The workers comp attorneys in Summerville, SC can help you get the workers compensation benefits you deserve. These attorneys have a deep understanding of workers compensation laws and how to navigate the workers compensation system. They can help you get the medical treatment you need and the lost wages you are entitled to.
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What to Do if You’re Injured on the Job
Step 1: If you are injured on the job, the first thing you should do is seek medical attention. Even if your injuries seem minor, it’s always best to get checked out by a doctor. Once you’ve been seen by a medical professional, you should notify your employer about the accident and your injuries.
Step 2: Your employer will then file a claim with their workers compensation insurance carrier. You will be required to see a doctor that is approved by the workers compensation insurance company. Be sure to keep all of your medical records and documentation related to the accident and your injuries.
Step 3: You will also need to provide your employer with a written notice of the accident. This notice should include the date, time and location of the accident, as well as a description of how the accident occurred.
Step 4: If your employer denies your claim or if you are not receiving the benefits, you believe you are entitled to, you should contact a workers compensation attorney in Summerville, SC. These attorneys can help you get the benefits you need and deserve.
Possible Workers Compensation Benefits
If you are injured on the job, you may be entitled to a variety of workers compensation benefits. These benefits can help you cover your medical expenses and make up for some of your lost wages:
Medical Benefits
If you are injured while working, your medical expenses will be covered by workers’ compensation. This includes the cost of doctor’s visits, hospital stays, surgery, and other necessary treatments. Medical benefits will also cover the cost of any necessary medications along with the process of diagnosing and investigating your injury. You should not have to worry about how you will pay for your medical care.
Lost Wages
The added stress of being injured can be made worse by the financial burden of lost wages. If you are unable to work because of your injuries, workers compensation will provide you with a percentage of your lost wages. In South Carolina, this benefit is two-thirds of your average weekly wage, up to a maximum amount. This benefit is paid until you are able to return to work or until you reach maximum medical improvement and can be paid on a temporary or permanent basis, depending on the extent of your injuries.
Rehabilitation Benefits
Should you need any type of rehabilitation or therapy as a result of your injuries, workers’ compensation will also cover these costs. This includes physical therapy, occupational therapy, and speech therapy. Trying to get back to normal after an injury can be a long and difficult process, but you shouldn’t have to worry about how you will pay for the necessary treatments.
Temporary Disability Benefits
If your injuries are severe enough that you cannot return to work right away, you may be eligible for temporary disability benefits. These benefits can provide you with income while you recover from your injuries. No matter how bad your injuries are, you should never have to worry about how you will make ends meet.
Permanent Disability Benefits
In some cases, an injury can be so severe that it results in a permanent disability. This is quite the worst-case scenario, but workers compensation will still provide you with benefits. These benefits can help you cover the costs of long-term care, as well as make up for some of your lost wages. No one should have to deal with a permanent disability alone if this is the case, you may be entitled to permanent disability benefits. These benefits can provide you with income for the rest of your life.
Death Benefits
This is absolutely the worst-case scenario, but if killed while working, the family may be entitled to death benefits. These benefits can help your family cover the costs of funeral and burial expenses. No one should have to worry about how they will pay for these expenses in the event of a loved one’s death. If a workplace accident results in death, the deceased worker’s family may be entitled to death benefits.
Eligibility for Workers Compensation Benefits
In order to be eligible for workers compensation benefits, you must have been injured while performing your job duties. This means that if you were injured while working, you should be eligible for benefits.
However, if you were injured while not working, such as during your lunch break or on your way to work, you would not be eligible for benefits.
It is important to note that even if you are at fault for your injuries, you may still be eligible for workers compensation benefits. For example, if you slipped and fell at work because you were not paying attention, you would still be able to receive benefits.
Workers’ compensation is a no-fault system, which means that it does not matter who was at fault for the accident.
Filing a Claim for Workers Compensation Benefits
It is important to note that in order to receive workers compensation benefits, you must report your injury to your employer as soon as possible.
You will then need to fill out a workers compensation claim form. Once your employer receives the claim form, they will have 14 days to respond.
If your employer denies your claim, you can appeal the decision.
You should then receive a notice from the workers compensation insurance company stating whether or not your claim has been approved or denied.
If your claim is approved, you should start receiving benefits within a few weeks. If your claim is denied, you can file an appeal.
Appealing a Denied Claim
If your workers compensation claim is denied, you have the right to file an appeal. The first step in appealing a denied claim is to request a hearing before the South Carolina Workers Compensation Commission.
You will need to fill out a hearing request form and submit it to the Commission. Some details that you will need to include in the hearing request form are:
- Your name, address, and phone number
- Your employer’s name, address, and phone number
- The date of your accident
- A description of your injuries
- The reason why you believe your claim was wrongfully denied
You will then need to attend a hearing before an administrative law judge. The hearing will be recorded and you will have the opportunity to present evidence and testimony to support your claim.
After the hearing, the judge will issue a decision. If the judge decides in your favor, your benefits should start within a few weeks. If the judge decides against you, you can file an appeal with the South Carolina Court of Appeals.
Getting Help with Your Workers Compensation Claim
If you have been injured at work, you may be entitled to workers compensation benefits. The claims process can be complicated, and it is important to make sure that you are doing everything correctly.
An experienced workers compensation attorney can help you with every step of the process, from filing your initial claim to appealing a denied claim. A lawyer can also help you if your employer is trying to retaliated against you for filing a claim. If you have been injured at work, contact an experienced workers compensation lawyer today.
Conclusion
Getting injured or suffering at the hands of dedicated service is unpredictable most of the time. If you are injured while performing your job duties, you may be eligible for workers compensation benefits. You will need to report your injury to your employer and fill out a claim form. If your claim is approved, you should start receiving benefits within a few weeks. If your claim is denied, you can file an appeal. An experienced workers compensation attorney can help you with every step of the process.
If you have been injured at work, contact an experienced workers compensation lawyer. A lawyer can help you with every step of the process, from filing your initial claim to appealing a denied claim. Contact a lawyer today to get started on your claim.
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