Did you know that South Carolina has a workers’ compensation program? Workers’ compensation provides relief from damages you may sustain on a worksite. Employers are required to have this insurance so that you can then make a claim to recover money for your injuries. But what is the process?
Interestingly, workers’ compensation in South Carolina operates on a no-fault system. This means that employees do not have to show that their employer was at fault in order for them to be eligible to receive benefits. All they are required to do is show that the injury occurred or was caused in the workplace or was somehow related to work.
It is also important to note that while most employees in South Carolina are eligible for workers’ compensation, there are some employees who are not covered. For example, if you work for the federal government in South Carolina, you are not eligible for the state’s workers’ compensation coverage. Also, some realtors are not eligible for workers’ compensation. If you are temporary employee you are not eligible for workers’ compensation coverage.
It is vital that you check with your employer to determine whether or not workers’ compensation coverage applies to you. The best time to do this is before an accident happens so that you will know exactly what coverage you have in the event you are unfortunately hurt on the job.
What to Do When Hurt at Work
If you are hurt on the job, the first thing you should do is inform your employer in writing as soon as possible. You must make this report to your employer within 90 days or you may lose your right to collect workers’ compensation benefits. The statute of limitations allows you up to two years to file a claim for those benefits, but you should never wait.
Types of Injuries Covered
Your employer then must notify the South Carolina workers’ compensation commission about your injury. The types of benefits you may be entitled to include medical care, compensation for lost wages for missing work due to injury, and compensation if you become permanently disabled due to a work-related injury.
The workers’ compensation commission then makes a decision and determines whether or not you will recover damages, and if so, how much. It is vital that you bring a competent workers’ compensation attorney with you to all hearings to help advise you in filling out all the required forms.
Elrod Pope Law Firm is experienced and qualified to help you through this often complicated process. After you report your injury to your employer, your next call should be to us so that we may begin the process of establishing your claim and your rights to benefits. As with other types of injury cases, it’s best for you not to go it alone. Rather, an experienced and dedicated team of attorneys will help you in this battle.
If you have been injured on the job or have fallen ill due to workplace conditions, please call us right away and one of our experienced attorneys will assist you in getting started with the process. We will be by your side and see your case through to the end.
Thomas E. Pope is a Personal Injury, Wrongful Death, and Medical Malpractice Attorney who practices in Rock Hill, Lake Wylie, and Lancaster, SC. He graduated from the University of South Carolina School of Law, and has been practicing law for 31 years now. Thomas E. Pope believes in protecting the injured. Learn more about his experience here.