In South Carolina, workers’ compensation is there to provide you with benefits such as medical expenses and lost wages if you suffer a work-related injury. South Carolina gives you immediate benefits no matter who or what caused your injury while on the job and in return, you cannot sue your employer for any damages that may arise out of your work-related injury.
We want you to have a basic understanding of Tega Cay, South Carolina workers’ compensation claims so you can work along with us to get you the maximum benefits you are entitled to. As you will see, a workers’ compensation claim in can be a complex matter.
If you have additional questions as to whether you may have a workers’ compensation claim in Tega Cay, South Carolina, then we welcome you to contact one of our workers’ compensation attorneys at Elrod Pope.
Workers’ Compensation in Tega Cay, South Carolina
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 Tega Cay, South Carolina is a trade-off for both you and your employer as it avoids long and costly court battles.
However, in some cases it may become obvious that your employer is more interested in closing your \ workers’ compensation claim then making sure you have 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 a work-related injury, you can recover all of your medical expenses, temporary compensation for lost wages, and/or permanent disability benefits if you suffered a permanent injury as a result of your on-the-job accident.
It’s important to note that your employer has the right to select what doctor will treat your work-related injury. If you choose to see your own doctor without your employer’s consent, your employer can not be held liable for your medical expenses unless it’s an emergency situation.
You do, however, have the right to choose your own 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 manager and/or supervisor. You should ask that the employer be held responsible for your medical treatment. If your claim is denied, you should hire a Tega Cays, South Carolina workers’ compensation attorney at Elrod Pope to assist you in obtaining any benefits you are entitled to.
If your claim is continuously denied, our attorneys will file a Form 50 on your behalf with the Workers’ Compensation Commission. This form will identify the parties involved (you and your employer), 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 generally be represented by their insurance company, also referred to as a carrier. The carrier will file an answer on Form 51 where they will be given the opportunity to deny or admit what you put on Form 50.
Once this is done, your case will be put on the Workers’ Compensation docket and assigned to a Commissioner, who will act as a fact finder and rule on the law. There will then be a hearing, and at this hearing, our attorneys will be with you to 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’ comp attorney will have 14 days to file an appeal.
What Injuries Are Covered by Workers’ Compensation in Tega Cay, South Carolina?
Common Tega Cay workplace injuries or illnesses are normally covered by South Carolina’s workers’ compensation may include, but not be limited to:
- Back and Neck Injuries
- Burns and Abrasions
- Amputations of Arms or Legs
- Heart Attack
- Strokes on the Job
- Diseases that are caused by inhaling chemicals or toxins
- Bone Fractures
- Carpal Tunnel Syndrome
- Hernia
- Rotator Cuff Tears
- Torn Meniscus
- Bulging Discs
- Concussion
- Asbestos Exposure
- Post Traumatic Stress Disorder
- Chronic Obstructive Pulmonary Disease
- General Anxiety Disorder
In South Carolina, if your work-related injury is caused by you intentionally injuring yourself or a co-worker, without regard to normal safety procedures while you are intoxicated, or while travelling to and from your job, it will extremely difficult for you to obtain workers’ compensation benefits.
What Workers’ Compensation Benefits Are Available in South Carolina?
In Tega Cay 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.
- Permanent Partial Disability Benefits: These are paid if you are injured at work and can return to some sort of work, but have a partial or permanent disability.
- Temporary Partial Disability Benefits: These are paid if you’ve been injured on the job but can return to light duty.
- Permanent Total Disability Benefits: These are paid if you are injured at work, and 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 in the event of your death. 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.
Why Do I Need a Tega Cay, South Carolina 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 wrongful death 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.
