South Carolina Workers' Comp Rights
After a work accident, you might be concerned about what to do next. You’re worried about your bills, and now you and your family don’t have the wages you relied on. You’ll need to seek out a workers comp claim, but what are your South Carolina workers comp rights?
Fortunately, South Carolina workers do have several rights when it comes to their compensation. If you’re concerned about yours, speak with a lawyer from HawkLaw, PA. With an attorney on your side, you can rest assured that your rights are being protected. For more information call 888.HAWK.LAW or use our contact page today.
Your Right to Coverage
First, you’ll need to know whether you have a right to workers comp coverage. Although workers comp benefits are offered to almost all employees in South Carolina, some workers may not be eligible to file for a workers comp claim.
In some cases, you might simply be exempt from coverage. For example, employers aren’t required to cover independent contractors, and casual employees might find themselves without workers comp.
However, other groups might have other options. For example, federal workers may not be able to file for South Carolina workers comp while working in the state. However, they may be able to file for federal coverage.
If you’re not sure whether you’re covered, you may need to speak to your workers comp lawyer. They can help you determine whether you should be covered and whether your employer is offering the required coverage.
Your Right to Compensation
When you’re injured at work, you more than likely have a right to workers compensation benefits. Few workers who work for a company of more than four people don’t have these benefits. As such, you should be able to seek compensation from your employer.
Unfortunately, some people don’t have access to this compensation. If you fall under one of the following types of workers, you might not be eligible for workers compensation and won’t be able to recover this way:
- Railway workers
- Agricultural workers
- Some casual employees
Rights after a Denial and Appeal
When you were injured, you should have gotten medical care first. After that, however, you should have sent a report to your employer about your accident, stating that you were injured and that you are now seeking compensation.
Unfortunately, even if you’re covered by your employer and everything else goes smoothly, you could still be denied. That leaves you and your family without compensation. That doesn’t mean you’re out of options.
If you’ve been denied and you’re not sure what to do, a call to your attorney can help. As a worker, you have a right to defend your claim in a hearing, if your employer continues to refuse your claim. South Carolina workers can continue fighting back by scheduling a hearing and seeking a change in the decision. Usually, this starts with an informal conference, but if you’re not satisfied with the results or your case is still being disputed, you might seek out a hearing with the worker’s compensation commissioner.
During your hearing, you’ll present evidence against your denial. You might have been denied for a lack of evidence of injury or a lack of proof that your accident happened at work, or your employer might have simply not reported your injury. In any of these cases, your attorney can present further evidence that you’re owed benefits and help you get your settlement approved.
You Can Protect Your Rights with an Attorney
Dealing with the pain and expenses of a work-related injury can be stressful. Fortunately, you do have rights as a South Carolina worker, and your lawyer from HawkLaw, PA will fight for those work comp rights.
If you’re uncertain that your South Carolina workers comp rights are being respected, reach out for help. An attorney can make sure you know what your rights are, and we’ll fight for those rights if they’re not being met. If you’re concerned about your rights, reach out for a free consultation*, where we’ll discuss your work comp benefits and what you can expect.