If you’ve experienced an on-the-job injury in South Carolina, you’re likely eligible for workers’ compensation benefits. Understanding the process and your rights can be complex, but it’s crucial to take full advantage of the laws designed to protect you.
Seeking Legal Help
If you have any questions or difficulties with your workers’ compensation claim, it’s important to seek legal help from Stewart Law Offices South Carolina workers compensation lawyer or other similar reputable law firms. An experienced South Carolina workers’ compensation attorney can guide you through the process and ensure you receive the benefits you’re entitled to.
No-Fault System
South Carolina operates a “no-fault” system for workers’ compensation. This means that the Workers Compensation Commissioners don’t take into account negligence or fault when deciding if you’re entitled to compensation. Unless your injury was self-inflicted, occurred due to intoxication, or involved fraud, you’re likely eligible for benefits.
Retaliation is Illegal
South Carolina laws prohibit employers from firing you in retaliation for filing a workers’ compensation claim. If this happens, you have the right to sue your employer in civil court, and an experienced workers’ compensation attorney can guide you through this process.
Compensation Sources
An important point to remember is that it is usually your employer’s insurance carrier, not your employer directly, that is responsible for compensating your work injury. This means that filing a claim should not result in significant financial loss for your employer.
Covered Expenses
The workers’ compensation laws in South Carolina aim to cover your medical care, time missed from work, and any permanent degree of injury. If a doctor puts you out of work, or your employer cannot meet your restrictions, you’re entitled to weekly compensation equal to about two-thirds of your pre-injury wages.
Third-Party Actions
If your injury was caused by someone other than your boss or a co-worker, you may be able to pursue a civil action in addition to your workers’ compensation claim. This could allow you to recover damages for mental anguish, physical pain, and lost enjoyment of life, among other things.
Coverage Requirements
In South Carolina, employers with four or more employees are required to have workers’ compensation insurance. There are some exceptions, such as casual employees, agricultural employees, and certain others. However, most workers in the state are covered.
What Workers’ Compensation Covers
South Carolina workers’ compensation insurance can cover a variety of costs related to work-related injuries or illnesses. These include wages lost from work, medical treatment costs, legal expenses in case of a lawsuit, and benefits for dependents in case of a work-related death.
Rates and Claims
The amount of compensation you receive is based on two-thirds of your weekly earnings before the accident. Also, you can seek another job within the doctor’s restrictions if your current employer cannot provide suitable work. Furthermore, you can expect to receive your workers’ comp checks weekly.
Conclusion
Understanding the ins and outs of workers’ compensation in South Carolina can be complicated, but it’s critical if you’ve been injured on the job. Whether you’re dealing with a temporary or permanent injury, knowing your rights and responsibilities can help ensure you receive the compensation you deserve.
For more information, consult with an experienced South Carolina Workers’ Compensation Lawyer. Don’t allow anyone – especially not an insurance representative – to mislead you. Instead, reach out to a trusted professional who can provide you with the correct information and aid in your journey towards recovery and compensation.