South Carolina Workers Compensation
It can be devastating if you are injured at work. It is very important to handle a couple of checklist items with your employer in order to preserve your claim.
NoticeStep one after a work injury is to notify your employer immediately. You have 90 days to notify your employer of an accident after you are injured. If you do not notify your employer within the 90 days, then your claim can be barred by the insurance company.
Demand Medical TreatmentIt is important that you demand your employer and or their insurance carrier send you for medical care. One of the first questions I hear in depositions from workers compensation defense attorneys is, "did you ever ask your employer to provide you with medical care?" I have heard it too many times and it is a simple checklist item that you can do to help your claim.
Get good advice from an attorneyIt is always good to seek the advice of a reputable attorney who practices workers compensation law. Even if you choose not to hire that attorney or any attorney, it is well worth an hour of your time to learn how you may be prejudiced by your employer and or their insurance carrier. Sure, the South Carolina workers compensation laws are designed so an injured worker can navigate pro-se. However, with most things in the law, it is never good to attempt such. 90% of the time, an injured worker will always get their money's worth out of attorney representation.
What you are entitled to if injured at workIn South Carolina, an injured worker is typically entitled to (1) medical care paid for by the employer; (2) mileage paid by the employer to and from medical appointments; (3) a temporary total disability check for the weeks that you are out of work; and (4) disability pay at the end of the case, should a treating physician rule that you are disabled and converts that disability into a percentage. While there are laws that can provide more entitlements to certain workers who have been injured, these 4 are the most common that we see in South Carolina.