Have you suffered an injury in the Charleston, South Carolina area or anywhere in Richland County, SC? If so you may be entitled to benefits and financial compensation for your injuries. Contact our Charleston workers compensation lawyers for a free consultation. They charge no fee unless they recover for you.
They serve work accident and workplace injury victims throughout all of South Carolina including Anderson County, Pickens County, Richland County, Beaufort County, Charleston County, Spartanburg County, Laurens County, Newberry County, Kershaw County, Union County, York County and Fairfield County, South Carolina.
South Carolina Workers’ Compensation Laws
In South Carolina workers’ compensation laws provide employees with medical treatment, wage replacement and disability compensation upon suffering a work-related injury or illness, and death benefits to surviving dependents. An injured employee can receive workers’ compensation benefits regardless of who is at fault for the injury. In exchange for receiving workers’ compensation benefits, an employee is barred from bringing a civil action against the employer for damages (except if an intentional tort occurs).
Filing A Workers’ Compensation Claim In South Carolina
Upon sustaining a work-related injury or illness, you should notify your employer immediately. You can provide notice about the injury to your first-line supervisor, manager, or human resource office. Let your employer know that you need medical treatment. Once you notify your employer about the injury, they will contact their insurance carrier. The carrier will evaluate your claim and determine if you are eligible to receive compensation per South Carolina workers’ compensation laws. If your claim is eligible, they will direct you to continue receiving medical care from their prescribed physician. If medical treatment for your injury extends beyond 7 days, you will be eligible to receive temporary disability benefits. If your injury is permanent, you may be eligible to receive permanent partial or total disability benefits.
Handling Denied Workers’ Comp Claims In South Carolina
In the event you employer’s insurer denies your workers’ compensation claim, you may file a formal Claim Petition or an Application for an Informal Hearing with the Division of Workers’ Compensation. Upon filing your claim, the case will be assigned to a local judge. You can file a claim petition on your own behalf (pro se) or retain an attorney to do it for you. It is best to hire an experienced workers’ compensation attorney to represent you at the hearing. Issues that may be discussed may consists of the compensability of the claim, the extent of medical treatment needed, and the payment of disability benefits. The insurance carrier will provide a legal defense on behalf of the insured employer.
Informal hearings are heard as an alternative to holding lengthy formal litigation. During such hearings, issues regarding the award of temporary benefits, medical treatment and permanency benefits can be addressed.
South Carolina Workers’ Compensation Benefits
Employees or their dependents may be eligible for the following workers’ compensation benefits:
1. Medical Benefits – This type of benefit includes compensation for medical treatment, prescriptions, and hospitalization services an employee incurs.
2. Temporary Total Disability Benefits – This type of benefit is awarded to employees who are disabled for more than 7 days.
3. Permanent Partial Disability Benefits – This type of benefit is awarded to employees who suffer a partial permanent disability which may consists of the loss of a leg, arm, finger, eye, or toe etc.
4. Permanent Total Disability Benefits – This type of benefit is awarded in the event an employee is no longer able to work in the same pre-injury capacity as a result of the injury. An employee will be compensated at 70% of his average weekly wage for 405 weeks.
5. Death Benefits – Death benefits are awarded to surviving dependents to compensate them for the financial loss they incur arising from the employee’s death.
6. Survival Benefits
7. Lost wage benefits and compensation.
The type of benefits you may be able to receive will depend on the nature of your injury and its treatment. Contact our Charleston workers compensation lawyers for more information about your workers’ compensation rights according to South Carolina workers’ comp laws and the legal options you may have in pursuing a claim.
Call Our Charleston South Carolina Workers Comp Lawyers
Please call our team of Charleston workers compensation lawyers. We offer free consultations and charge no fees if we do not recover for you. Serving all of South Carolina including Anderson, Beaufort, Camden, Charleston, Clemson, Columbia, Laurens, Lexington, Newberry, West Columbia, Greenville, Rock Hill, Georgetown, Myrtle Beach & Spartanburg, SC.