Injured at Work in Burton: What You Need to Know
If you have been injured at work in Burton, you may be entitled to workers’ compensation benefits under South Carolina law. The workers’ compensation system is meant to cover your medical care, replace lost wages, and provide other support while you recover from a workplace injury. Acting quickly is important because deadlines apply, and missing them can affect your ability to receive benefits.
In this blog, you will learn the steps to file a workers’ compensation claim in South Carolina, common issues to avoid, how long the process takes, and why working with an experienced Burton workers’ compensation lawyer can help you secure the benefits you deserve.
Understanding Workers’ Compensation in South Carolina
Workers’ compensation in South Carolina protects employees who suffer a workplace injury. If you are injured at work in Burton, knowing how this system works will help you secure the benefits you are entitled to receive.
What Workers’ Compensation Is
Workers’ compensation is an insurance program employers provide to cover employees injured on the job. In South Carolina, the law that governs this program is the South Carolina Workers’ Compensation Act (S.C. Code Ann. § 42-1-10 et seq.). This law ensures that individuals who are injured or become ill from a job-related cause receive benefits without having to prove fault.
What Injuries Are Covered
The law covers injuries caused by an accident arising out of and in the course of employment (S.C. Code Ann. § 42-1-160). This includes sudden accidents such as a fall at the office or job site and injuries caused by repetitive work tasks. Illnesses caused by work conditions are also covered if they meet the legal definition.
Benefits You Can Receive
If you are injured at work in Burton, you may be eligible for benefits such as:
- Medical treatment paid for by the employer
- Temporary total disability payments while you cannot work
- Permanent disability benefits if your injury causes lasting harm
- Death benefits for family members if a workplace injury causes death
Why This Matters for Burton Workers
Understanding these protections can help you take the right steps after an injury. The program is there to help you recover and return to work. Knowing your rights under South Carolina law can prevent mistakes that could delay or reduce your benefits.
Step-by-Step: Filing a Workers’ Compensation Claim in Burton, SC
Filing a workers’ compensation claim in Burton requires quick action and accurate information to protect your right to benefits. Follow these steps to make sure your claim is complete and meets South Carolina’s requirements.
Report Your Injury Immediately
Tell your supervisor or employer about your workplace injury as soon as it happens. South Carolina law requires you to report your injury within 90 days (S.C. Code Ann. § 42-15-20). Waiting too long can result in losing your right to claim benefits. Provide details about how the injury happened and what part of your body was affected.
Get Medical Treatment from an Approved Doctor
Seek medical care right away. Your employer must provide an approved doctor for your treatment under South Carolina workers’ compensation rules. Follow the doctor’s instructions and keep all medical records. If you see a doctor without your employer’s approval, you may have to pay the bill yourself.
Make Sure Your Employer Files the Claim
Your employer should file Form 12A with the South Carolina Workers’ Compensation Commission. If your employer refuses or fails to file, you can file your own claim using Form 50 (S.C. Code Ann. § 42-15-40). Filing yourself ensures the Commission has official notice of your injury.
Keep Complete Documentation
Maintain a record of all documents related to your injury. This includes medical reports, wage statements, correspondence with your employer, and any witness statements. A complete file helps protect your claim if questions arise later.
Monitor Your Benefits and Treatment
Stay informed about your claim status. Track your benefit payments and confirm your medical care is covered. Contact the claims adjuster if there are delays or missing payments. If problems persist, speak with a Burton workers’ compensation attorney to protect your rights.
Common Issues and How to Prevent Them
Workers who are injured at work in Burton often face challenges that delay or reduce their benefits. Knowing these common issues can help you avoid problems and protect your claim.
Employer Disputes the Injury
An employer may argue that the injury did not happen at work or is not covered by South Carolina’s workers’ compensation law. Prevent this by reporting your injury immediately, providing clear details, and securing witness statements if available.
Delayed or Denied Benefits
Benefit payments may be delayed if paperwork is incomplete or deadlines are missed. In some cases, claims are denied altogether. Avoid this by ensuring your employer files the correct forms with the South Carolina Workers’ Compensation Commission and by keeping copies of all documents you submit.
Disputes Over Medical Care
An employer or insurance company may refuse certain treatments or push for an early return to work. Follow your approved doctor’s recommendations and document every medical visit. If disputes continue, a Burton workers’ compensation attorney can request a hearing before the Commission.
Lack of Documentation
Missing records can weaken your claim. Keep all medical reports, pay stubs, and correspondence related to your injury. A complete file makes it easier to prove your case if questioned by your employer or the insurance carrier.
How Long the Process Takes
The time it takes to complete a workers’ compensation claim in Burton depends on how quickly each step is handled and whether any disputes arise. Knowing the general timelines can help you plan and stay within South Carolina’s legal limits.
Reporting Period
You have up to 90 days from the date of your workplace injury to report it to your employer. Reporting sooner can help avoid delays and prevent your employer from questioning the cause of your injury.
Statute of Limitations
You generally have two years from the date of the injury to file a formal claim with the South Carolina Workers’ Compensation Commission. Missing this deadline can result in losing your right to benefits.
Claim Processing Time
Once your employer files the claim, you may start receiving benefits within a few weeks if there are no disputes. Medical treatment should begin immediately after you see an approved doctor. Disagreements about the injury or treatment can extend the process by several months or more.
Factors That Affect Timing
The severity of your injury, the length of your medical recovery, and whether your employer or insurance company challenges your claim all affect how long it takes. Staying organized and responding quickly to requests for information will help move the process forward.
Contact an Experienced Burton Workers’ Compensation Lawyer Today!
If you have been injured at work in Burton, take action now to protect your health, your income, and your future. The workers’ compensation process in South Carolina can be challenging, especially if your employer or the insurance company disputes your claim. Our team at McDougall Law Firm is here to help.
Contact us at 843-438-4386 for a free claim consultation today!
