How Does Workers' Comp Work in South Carolina?
One moment, you’re working on a South Carolina work site, and everything is going smoothly. The next, you’ve fallen, collided with another vehicle, or been injured by heavy machinery. Now, you’re injured, and you need to know what comes next.
You may have heard about your employer offering work comp benefits, but how does workers comp work in South Carolina? Understanding the rules can help you get the full compensation you deserve, so seek out help from a lawyer from HawkLaw, PA. Our attorneys can guide you through the workers compensation process and help you fight back when your claim is denied.
Eligibility for Workers’ Compensation
First, you’ll need to know whether workers compensation is an option for you. Many South Carolina workers must find other options for work accident recovery, so you’ll need to know what to expect before your claim is filed.
Fortunately, most South Carolina workers are covered by their workers comp insurance. If an employer hires four or more employees, they’re typically required to carry this compensation. However, there are exceptions to this rule. If you’re one of the following types of employees, you may need to speak to your attorney about your options for compensation:
- Agricultural workers
- Some textile workers
- Railway company employees
- Certain real estate agents
- Members of LLC companies
Benefits for South Carolina Workers
Once you’ve determined whether you can seek workers comp, you’ll need to know what your coverage can do for you. Fortunately, South Carolina workers may take advantage of several benefits that can help ease the difficulties of recovery.
For example, you shouldn’t have to worry about your medical bills. All reasonable care related to your recovery should be covered under your workers comp benefits.
You may also receive compensation through disability benefits. This benefit pays out a certain percentage of your wages, depending on the type of injury and the length of time you’ll be unable to work. Your disability benefits should provide you with some of the weekly wages you originally earned to help you meet your living expenses.
How much time do I have to file?
When you’re injured at work, you’ll need to file as soon as possible. You’ll need to report your injury to your employer within ninety days or you may be unable to receive benefits for your work injury. You might be unable to file right away, due to the accident, but you’ll be expected to act as soon as possible.
What if I’m denied compensation?
You might have already received a denial letter, but don’t panic. You’ll have the chance to fight back and appeal your workers comp denial after you receive your letter. You’ll first speak to your employer informally, but if you can’t reach an agreement, you’ll file a formal appeal with the Worker’s Compensation Commission.
The reason for your initial denial will help you in this process. If you know why they refused your claim, you’ll know what actions you can take to try to change the decision. For example, if they claim your situation doesn’t meet the definition of an injury, you’ll need to have more exams to prove that this isn’t true.
I believe I was responsible for my work accident. Will it affect my work comp claim?
Fortunately, South Carolina workers don’t have to worry if they were partly responsible for the accident. Workers comp is a no-fault system in SC, so your fault shouldn’t factor into your claim at all. You should be covered regardless.
The only exceptions to this rule are attempts to harm yourself or the abuse of drugs or alcohol. These incidents will be treated differently because of the gross negligence involved. If your employer has accused you of either of these things, speak to your lawyer about defending yourself.
Injured at Work? Find Out How We Can Help
When you’re injured in a work accident, you need to know what you can expect from your claim and how a lawyer from HawkLaw, PA can help. Unfortunately, it’s easy to make a mistake leading to a denial. Your South Carolina work comp lawyer can step in here, too, to help you get the full benefits you deserve.
So, how does workers comp work in South Carolina? You’ll need to seek out an attorney who can answer both your broad questions about workers comp and the details you’ll need to know about your claim.
Ready to begin? Reach out to your attorney today for help fighting for your workers comp benefits. Begin by calling 1-888-HAWK-LAW (429-5529) or by filling out the online form below.