If you have been injured or involved in an accident at work, you may be entitled to receive compensation for the losses you incurred. Most South Carolina employers are required by law to carry workers’ compensation insurance. This insurance is designed to protect employers from employees’ legal claims, should the employee be injured on the job. The insurance, though through the employer, will be paid out directly to the employee. If a death is involved, payments may be made to the deceased worker’s beneficiaries.
Your Obligations Under Workers’ Compensation Law
Being injured at work does not mean that you automatically receive workers’ compensation benefits. A work-related accident or injury must be reported within 90 days, or you may lose your right to recovery of benefits. It is always a good idea to notify your employer as soon as you become aware of the injury, and to leave a record of it in writing, even if you are unsure whether you will be claiming workers’ compensation benefits at that time.
Your employer’s insurance carrier will likely require you to visit one of their approved physicians. Though you can see your own physician at any time, the insurance company may require you to see theirs for a second opinion, or for referrals to specialists or surgeons. During this time, assuming the paperwork is properly filed, there is a seven-day waiting period before benefits will be disbursed to you; you may receive compensation for these seven days after the fact.
Benefits will continue depending on the circumstances, and you may still be entitled to benefits even if your doctor thinks you can be working light-duty jobs or reduced hours. If your doctor determines you are capable of working, even for short amounts of time, you are required to do so. You will usually be able to recover the difference between the full benefits you were receiving (66 ⅔% of your normal wage) and what you are earning on light duty.
Workers’ Compensation Benefits
Though you are entitled to a portion of what you would normally be making had you not been injured, you may be able to recover for other things as well. You may be entitled to receive travel expenses for travelling to doctors that your employer’s insurance company is requiring you to visit. You may have prescriptions, surgical procedures, rehabilitative services, and other medical services covered by the insurance, too. These types of things are generally compensated through insurance, so long as you are going to one of your employer-authorized providers.
Charleston, South Carolina Workers’ Compensation Attorneys
To ensure that you are receiving the maximum benefits that you are entitled to by law, and to ensure you do not have significant delays in recovering your losses, it is important to file claims as quickly and accurately as possible. Retaining a workers’ compensation attorney that is familiar with South Carolina Workers’ Compensation regulations can greatly improve your chances at quick and full recovery. Our South Carolina team of attorneys understands how frustrating and stressful it can be being out of work financially and emotionally. We will work hard on your behalf to ensure you are taken care of while you take care of getting back on your feet. If you want to know more about your rights as an employee, especially if you have been injured on the job or involved in an accident, contact the Solomon Law Group today.
