Workers’ Compensation in Indian Land
Workers’ compensation in the state of South Carolina is meant to provide benefits such as lost wages and medical expenses if you were injured while on the job. South Carolina workers’ compensation also eliminates your right to sue your employer for any damages that may arise out of your work-related injury, and instead gives you immediate benefits no matter what or who caused your work-related injury.
We want to ensure you have a basic understanding of Indian Land, South Carolina workers’ compensation claims so you can work with us to obtain the maximum benefits you are entitled to. As you will see, a workers’ compensation claim in South Carolina can be a complex matter.
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No upfront costs to you or your family. We strive to recover the maximum possible compensation allowed under the law for our clients.
If you have additional questions as to whether you may have a workers’ compensation claim in Indian Land, South Carolina, then we welcome you to contact one of our workers’ compensation attorneys at Elrod Pope.
Workers’ compensation is administered by the South Carolina Industrial Commission which was established in 1935 to enforce the workers’ compensation laws of the state.
Workers’ compensation in Indian Land, South Carolina lets you and your employer avoid long, costly court battles, and is considered to be a trade-off for both you and your employer.
However, you may discover that your employer is more interested in closing your workers’ comp claim then making sure you have received the proper medical treatment and compensation for your lost wages.
The South Carolina Workers’ Compensation Process
In South Carolina, the Workers’ Compensation Act provides that if you suffer an injury during the course of your employment, you can recover all medical expenses, temporary compensation for lost wages, and permanent disability benefits if you suffered a permanent injury as a result of your accident while working.
Your employer has the right to select what doctor will treat your work-related injuries. If you see your own physician without your employer’s consent, your employer will not be held liable for your medical expenses unless it’s an emergency condition.
However, you do have the right to choose a doctor to evaluate you for a specific disability, but those expenses will not be covered by your employer.
If you get injured while on the job, you should immediately report it to your supervisor and/or manager. You should also ask that the employer be held responsible for your medical treatment. If your claim is denied, you should hire an Indian Land, South Carolina workers’ compensation attorney at Elrod Pope to assist you.
If your claim is denied on a continuous basis, our attorneys will file a Form 50 on your behalf with the Workers’ Compensation Commission. This form names the parties involved (you and your employer and their insurance carrier), the date and description of your accident, who you reported the accident to, what injuries you suffered if you need medical treatment, any disfigurement you may have, and any other relief you are requesting.
Unless your employer is self-insured, they will normally be represented by its insurance company, also called a carrier. The carrier will file an answer on Form 51 where they will be given the opportunity to admit or deny what you put on Form 50.
Once this is completed, your case will be put on the Workers’ Compensation docket and assigned to a Commissioner, who will act as a fact-finder and also rule on the law. There will be a hearing, and at this hearing, our attorneys will present your case.
Once the case has been decided and the Commissioner gives their Opinion, if you or your employer aren’t satisfied, it can be appealed in the South Carolina Circuit Court. You and your workers’ compensation attorney will have 14 days to file an appeal.
What Injuries Are Covered by Workers’ Compensation in Indian Land, South Carolina?
Common workplace injuries or illnesses are normally covered by South Carolina’s workers’ compensation may include, but not be limited to: Take Out: Heart Attack, Stokes, Hernia, Asbestos Exposure, COPD, Anxiety
- Back and Neck Injuries
- Burns and Abrasions
- Amputations of Arms or Legs
- Diseases that are caused by inhaling chemicals or toxins
- Bone Fractures
- Carpal Tunnel Syndrome
- Rotator Cuff Tears
- Torn Meniscus
- Bulging Discs
- Concussion
- Post Traumatic Stress Disorder
In South Carolina, if your job-related injury is caused by you intentionally injuring yourself or a co-worker with no regard to normal safety procedures, while you are intoxicated, or while travelling to and from your job, it will be difficult for you to obtain workers’ compensation benefits.
What Workers’ Compensation Benefits Are Available in South Carolina?
In Indian Land and throughout South Carolina, your workers’ compensation benefits may include the following:
Medical Benefits
Can include all reasonable and necessary medical treatment
Temporary Total Disability Benefits
These benefits aren’t paid until you have missed 7 days of employment. This equates to 66% of your gross wages before you were injured. These benefits are non-taxable.
Permanent Partial Disability Benefits
These are paid if you are injured at work and can return to some sort of work, but have a permanent injury.
Temporary Partial Disability Benefits
These are paid if you’ve been injured on the job but can return to light duty and are making less money than before the accident. You will be paid 66% of the difference between your gross pre-injury earnings, and your gross post-injury earnings.
Permanent Total Disability Benefits
These are paid if you are injured at work, and are totally and permanently disabled to where you are unable to return to any sort of work.
Death Benefits
These benefits are paid to your spouse or your surviving dependents. They can include lost wage benefits and burial expenses.
Vocational Rehabilitation Benefits
These benefits give you the opportunity to rebuild your skills as you recover from your work-related injury.
Get Your Free Case Evaluation
No upfront costs to you or your family. We strive to recover the maximum possible compensation allowed under the law for our clients.
Why Do I Need an Indian Land Attorney For a Workers’ Compensation Claim?
Workers’ compensation claims are extremely complicated, and you will need an experienced, skilled, and knowledgeable attorney in your corner. Please contact the workers’ compensation attorneys at Elrod Pope today to find out how we can assist you in settling your case in a timely manner so you can focus on moving forward with your life.
