Ramie Shalabi | September 8, 2024 | Workers Compensation
According to the National Safety Council, 4.53 million on-the-job injuries occurred in 2022. In an instant, a workplace accident can disrupt your entire existence. These incidents are often painful. You may also require medical attention to heal correctly.
Understandably, the aftermath of injuries at work can incur significant expenses while jeopardizing your immediate future to earn a living. Fortunately, you have rights. One is to seek workers’ compensation in South Carolina after getting hurt at work.
So, how does workers comp work in SC? It sounds understandably daunting. Let a skilled team of South Carolina workers’ compensation lawyers help. Here’s more info about workers’ comp claims in South Carolina.
Receiving Medical Attention
Your well-being and safety are the most important factors after an occupational accident. Witnesses may contact emergency services. If not, and you’re physically able to do so, call 911.
Even if your wounds or pain seem minor, you should always have a medical professional check your overall condition. Depending on the severity of your injuries, you may require multiple medical appointments with your primary physician, rehabilitation centers, surgeons, and other specialists.
Getting medical care helps you recover from post-accident injuries while documenting them. These appointments and procedures also detail the costs and extent of your required medical treatment, which is necessary if you want to file for workers’ compensation in South Carolina.
Reporting What Happened to Your Employer
Your next step in how to file a workers’ comp claim in South Carolina is to report this incident. If your injuries don’t require immediate medical attention, you can report this incident to your employer first. According to the South Carolina Compensation Commission, you must report a workplace injury within 90 days of it occurring.
Complete this report as soon as possible. Your recollection of events will be fresh when completing this documentation immediately instead of waiting weeks or months.
Your co-workers or managers may also assist you by providing the documents and steps needed to complete a workplace injury report. If not, consult your employer’s rules about correctly reporting workplace injuries.
Letting an employer know about an injury may feel intimidating. However, this step is necessary if you seek workers’ compensation.
Completing Workers’ Compensation Forms in South Carolina
After filling out an incident report, there are more forms to complete. You must also complete a state-based form. You will follow this state’s process if your occupational accident happens in South Carolina. In this instance, the South Carolina Workers’ Compensation Commission offers the form you need.
This state’s Form 50 is for work-related injuries. Form 52 is a South Carolina workers’ compensation form for work-related injuries that resulted in death.
These forms require:
- You or the deceased person’s personal information
- The grounds for your claim
- Injury-related details
While short, these documents can be confusing. If you require assistance or want to ensure you complete everything correctly, consider contacting a worker’s compensation lawyer in South Carolina. DSB can help you learn how to proceed.
Once your forms are complete, the next step is filing your workers’ comp claim in South Carolina.
Handling an Approved or Denied Claim
The investigation begins once an employer and an injured employee complete the required South Carolina workers’ compensation documents. There is no way to know when workers’ compensation investigations will conclude.
An investigation typically takes two to four weeks. You should then find out if you received a claim approval or denial.
If Approved
After receiving approval for workers’ compensation in South Carolina, you’ll begin receiving a weekly income. However, it won’t be 100% of your average weekly wages. This aspect of how workers comp works in South Carolina requires some math.
Qualifying for temporary total compensation (TTC) means you cannot work. TTC pays you 66 ⅔% of your average weekly earnings. Temporary partial compensation (TPC) recipients can work but in a limited capacity. TPC pays the same percentage. However, this percentage is based on the difference between what you earned weekly before vs. after your injuries.
You’ll also want to keep up with ongoing medical commitments during this time.
If Denied
Don’t panic upon receiving a claim denial. This South Carolina workers’ compensation form can be disheartening to see.
Many people who get this news contact workers’ compensation lawyers in South Carolina. That’s because a legal professional can look over your denial. They can also advise you about filing a hearing request to challenge this denial.
If these two parties remain at odds, litigation is the likely next step in resolving workers’ compensation-related conflicts. This may include the insurance company’s lawyer taking your deposition under oath and obtaining your medical records. Our South Carolina workers’ compensation attorneys at DSB Law Firm can assist you and represent you during this process.
Earning Future Income
Unless you suffer severe, permanent injuries, earning an income by working can be a distant concern in your mind. You’ll likely feel ready to reenter the workforce as you complete medical treatment and recover successfully.
Under South Carolina workers’ compensation laws, companies employing four or more employees must maintain workers’ compensation coverage for injured employees. This rule applies to part-time and full-time workers. Additionally, it’s illegal for an employer to fire an employee because they’re receiving workers’ compensation.
Contact South Carolina Workers’ Compensation Lawyers
As you’ve learned, filing a workers’ compensation claim in South Carolina involves many steps. Don’t go it alone. There’s an easier way. Instead, reach out to a South Carolina workers’ compensation lawyer.
Dayson Shalabi Burkett Law Firm, LLC represents employees seeking workers’ compensation. Best of all, there’s nothing to risk. We don’t receive any payment unless you receive a settlement or favorable outcome through litigation.
Wanting to know how workers’ comp works in South Carolina is a smart move, especially after a workplace injury. For more assistance, contact Dayson Shalabi Burkett Law Firm, LLC. We proudly offer free consultations to injured employees. DSB can help you navigate workers’ compensation in South Carolina.
Ramie Shalabi is an experienced personal injury and workers’ compensation attorney who represents injured people across the state of South Carolina.