Filing a Workers’ Compensation Claim

The SC Workers’ Compensation Claim Process

If you work in South Carolina, you’ve probably heard of South Carolina Workers’ Compensation Insurance. Workers’ Compensation is an insurance policy your employer must carry to protect an employee injured on the job.  Available benefits include medical treatment and financial assistance while you are out of work. Workers’ compensation benefits also provide compensation in the event of permanent impairment. South Carolina Workers’ Compensation benefits are available regardless of fault when the injury arises out of, and in the course of, employment.

When an injury occurs, the claims process should be simple.  Often, it is anything but simple.  As a hard-working employee, you expect your employer to look out for you and to take the appropriate measures to file your SC workers’ compensation claim. Although your employer should file a claim with their insurance company, the State Accident Fund, and the South Carolina Workers’ Compensation Commission, it’s not uncommon to hear about injured workers who are fighting to get the process started and obtain medical treatment for their injuries.  You are not alone. Our Columbia, SC workers’ comp attorney offers a free consultation to discuss your legal rights and how we may be able to help.

Who qualifies for South Carolina Workers’ Compensation Claims?

Any full-time employee (working for an employer with four or more employees) who has an employment-related injury and needs medical attention should be covered under workers’ compensation insurance. It doesn’t matter if the injury was a complete accident or the fault of a co-worker.

If you are hurt at work, you MUST notify your employer within 90 days of the injury or risk losing the right to benefits under workers’ compensation. (We recommended that you record details of your accident and to whom you reported it.)

Migrant and seasonal farmworkers are not covered under workman’s compensation insurance.

If it’s been more than 90 days since your work accident occurred, you may need help obtaining benefits for medical treatment and lost wages.

What Happens After you File a Workers’ Comp Claim in SC?

After you provide notice to your employer of a work-related injury, you will be entitled to receive workers’ compensation benefits including medical treatment and temporary total disability payments.  Once you have reached maximum medical improvement, your SC workers’ compensation doctor will provide you with an impairment rating. If you disagree with the impairment rating and/or feel that you need continued medical treatment for your work-related injury, your South Carolina workers’ compensation attorney can file a hearing with the SC workers’ compensation commission and/or seek an independent medical examination.

Requesting an SC Workers’ Compensation Hearing

Depending upon the facts specific to your situation, your attorney may request a hearing.  The hearing will be led by an SC Workers’ Comp Commissioner. You will appear with your SC workers’  comp lawyer.  Your employer may send a representative and the employer’s workman’s comp insurance representative will attend, depending on the dispute.  The Workers’ Comp Commissioner will review the evidence presented and issue a determination following the hearing.  Securing a Columbia, SC workers’ compensation attorney to represent you at that hearing will ensure that your rights are protected. If you and your attorney are unhappy with the decision, you reserve the right to appeal.

Call Today for a Free Consultation

You are not alone. If you have been hurt on the job, we are here to help. Call our South Carolina workers compensation attorneys for a no-cost consultation today.

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