Workers’ compensation benefits are used to pay for necessary medical treatment, replace a portion of wages, and provide other compensation for Hardeeville, SC workers injured on the job. However, if your claim is denied you need the right workers’ compensation lawyer to help you fight for what you deserve.
Our team of experienced workers’ compensation lawyers at McDougall Law Firm is committed to helping workers that have been injured on the job in Hardeeville, SC. Call us today at 843-438-4386 to schedule a free, no-obligation case review.
What Is Workers’ Compensation?
Workers’ compensation is a type of no-fault insurance paid for by employers that’s intended to provide benefits to employees that are injured on the job while working within the course and in the scope of their employment.
Workers’ compensation provides payment for injuries resulting from occupational illness, accidents, and repetitive motions. It covers both mental and physical workplace injuries. Injured workers receive weekly payments that replace a portion of their wages, along with medical benefits.
Whenever there’s a workplace or work-related injury, the injured employee can file a claim through the employer to seek workers’ compensation. To receive workers’ compensation benefits, injured workers are required to carefully follow the claims process outlined below.
How Does Workers’ Compensation Work in South Carolina?
The following is a step-by-step guide for filing workers’ compensation benefits in South Carolina:
Step 1: Report the Injury
The first thing you should do after suffering a workplace or work-related injury is to report it to your employer. You’re required to report the injury to your employer within 90 days of it occurring, although reporting it much sooner is highly advisable.
Step 2: Ensure that Your Employer Reports the Injury to their Insurance provider
You should then ensure that your employer reports the injury to their workers’ compensation insurance provider. Your employer is legally obligated to file a First Report of Injury or Illness form. If your employer fails to file this form, then you have the right to file for workers’ compensation benefits on your own.
Step 3: File the Appropriate Form with the South Carolina Workers’ Compensation Commission
If your employer fails to report your injury to their insurance provider for whatever reason, you have the right and obligation to file for workers’ compensation benefits on your own. To do so, you will be required to file either a Form 50 or Form 52 with the South Carolina Workers’ Compensation Commission.
Please note that the Form 52 is used to file for death benefits. If you don’t wish to have a hearing at this time, you need to check the box stipulating so.
Step 4: Attend a Workers’ Compensation Hearing
If your employer denies your benefits, denies your injuries, if you’re unhappy with the doctor assigned to your case by the insurance provider, or if there are any other indications that your rights to workers’ compensation are being violated, you can request a hearing with the South Carolina Workers’ Compensation Commission.
To request a hearing, you will file a Form 50. During the hearing, you will have the opportunity to present your case, and a commissioner will make a determination regarding your case. It is highly advisable to seek legal counsel at this point.
Your lawyer will represent you during a hearing and provide important information regarding your rights.
Step 5: File an Appeal
If you don’t agree with a commissioner’s decision regarding your workers’ compensation claim, you have the legal right to appeal the decision. To do so, you will have to file a Form 30 – Request for Commission Review within no more than 14 days’ time from the date you receive the commissioner’s decision.
If you wait longer than 14 days, you may be permanently barred from ever appealing the decision.
If you have any question regarding the process for filing for workers’ compensation insurance benefits, you need to speak with an experienced workers’ compensation lawyer such as those at McDougall Law Firm in Hardeeville, SC since they possess a thorough understanding of the workers’ compensation laws in the state.
Call us at 843-438-4386 to schedule your free, no-obligation consultation.
When to Get a Workers’ Compensation Lawyer?
Insurance companies in South Carolina are usually not so quick when it comes to paying complicated or expensive claims. You should hire a workers’ compensation lawyer at the first sign of any complexity in your case.
Here are some of the most common instances when you would require the intervention of a lawyer:
- You have a pre-existing medical condition
- Your employer doesn’t carry workers’ compensation insurance
- You aren’t receiving the proper medical care
- Your employer’s workers’ compensation insurance provider is pushing back on your claim
- You are a current recipient of or plan to apply for Social Security Disability benefits
- Your employer’s settlement offer doesn’t cover all your lost wages or medical bills
- Your employer denies your claim or fails to pay your benefits in a timely manner
- You have to attend a workers’ compensation hearing
- Your employer asks you to undergo an independent medical exam (IME)
- Your employer and/or doctor expect you to return to work too soon
- Your employer retaliates against you for filing a workers’ compensation claim
- Your medical issues prevent you from returning to your job, limit your abilities at work, or completely prevent you from working.
The South Carolina Workers’ Compensation Commission allows you to file an appeal at 5 different levels. You are most likely to successfully navigate the complex appeals process with the assistance of an experienced workers’ compensation lawyer such as those at McDougall Law Firm.
Have You Been Injured on the Job? Call Our Hardeeville, SC Workers’ Compensation Lawyers Today!
If you were injured at work and need assistance filing a claim or appealing a denied workers’ compensation claim, you should not hesitate to contact an experienced Hardeeville, SC workers’ compensation lawyer at McDougall Law Firm right away.
It may be crucial to have qualified legal representation from the outset so that you can protect your legal rights. Call our experienced workers’ compensation lawyers today at 843-438-4386 to schedule your free consultation and case evaluation.