Summerville Workers’ Compensation Lawyer
It is vitally important for workers to feel and be safe at the workplace. Most construction workers are familiar with what workers’ compensation is being a type of insurance that replaces lost wages and medical benefits for injured workers. Workplace injuries, especially ones that causes lost wages, can be devastating — not only are you dealing with pain, you are also worried about where and when the next paycheck will come from and who is going to pay your medical bills, mortgage and food for your family. But you do not have to worry.
No Fault Workers' Compensation
While the workers' compensation system may sound straightforward, in reality it rarely is. Anything can and often does happen. It may be that the employer and the insurance company may not agree to settle a worker’s claim. However, if there is an offer made, the worker is not obligated to agree to the terms of such an offer. This is where a worker would do well to have an experienced Summerville workers’ compensation lawyer in their corner. No matter what the situation is, it is best to consult with a competent Summerville workers’ compensation attorney to find out what your legal rights are and determine how much you may be able to obtain in compensation for your injuries.
South Carolina has a “no fault” workers’ compensation system where workers are not mandated to prove an employer was at fault in order to be eligible for workers’ compensation benefits. However, workers/plaintiffs have to show that the injury or illness happened in the workplace or was job related.
Who is eligible for workers' compensation?
It is important to note that not all South Carolina employees are eligible for workers’ compensation. Those who are not eligible include:
- Corporate officers
- Agricultural labourers
- Railroad employees
- Railway express workers
- Federal workers in the state
- Workers at businesses with less than four employees
- Some temporary workers
Common Work-Related Accidents
The most common types of accidents on the job are:
- Slip trip and fall accidents
- Torn muscles & ligaments
- Broken bones & fractures
- Burns, bruises & lascerations
- Exposure to chemicals
- Vehicle accidents
- Leg, hip & knee injuries
- Traumatic brain injury
- Head & neck injuries
- Back injuries, bulging/herniated disc injuries
- Hand, wrist & shoulder injuries
- Hearing & vision loss
What you need to know to ensure you protect your right to receive benefits
To make sure that you receive workers’ compensation benefits, you must report your accident to your employer, in writing. If you do not complete this mandatory process you may lose your right to any benefits. You do have up to two years to file a claim for benefits, but the initial notification of an injury must be done posthaste after the accident.
Once an employer has been notified of a worker’s injury, they have ten days to report that injury/illness to the South Carolina Workers’ Compensation Commission (SCWCC). Should your employer fail to file a claim with the SCWCC, you may file a claim directly with them, and if you feel you are not getting all the compensation that you are entitled to, or if your employer disputes your illness/injury as being work-related, you may also file a claim.
In situations such as this, we strongly suggest consulting with a Summerville worker compensation attorney from the Steinberg Law Firm to assist you in navigating the workers’ compensation claim process.
Learn more about Workers' Compensation in South Carolina
To learn more about workers' compensation in South Carolina, view or download our workers' compensation infographic.
What types of compensation are available
You are entitled to:
This includes visits to the doctor, surgery, prescriptions, etc. If you go to your own physician your expenses will not be paid. If you visit a doctor chosen by your employer’s insurance company, they are paid directly.
You are temporarily totally disabled (TTD) if you are not able to work as a result of injury/illness. During this period you can be paid wages you would have earned had you been able to keep working during your recovery period.
Permanent partial disability
Permanent partial disability (PPD) applies if you are permanently impaired. You receive two-thirds of your average weekly wage, subject to the same weekly maximum as TTD.
Permanent total disability
Permanent total disability (PTD) refers to the loss of both legs, arms, feet, hands, loss of vision, in both eyes, or a combination of such losses. Workers considered to be permanently totally disabled may receive more benefits.
To obtain fair and equitable compensation for your injuries you need the assistance of a capable and experienced workers’ compensation attorney to address every concern you have about the case and advise you of your legal rights. Your Summerville workers’ compensation attorney from the Steinberg Law Firm is with you every step of the way, from case evaluation to settlement or court.