|
Workers' Compensation
What is Workers' Compensation?
The South Carolina Workers' Compensation Act is a law
enacted to protect and compensate workers who suffer
from a work related injury. In South Carolina, the law
allows workers to seek monetary awards for an injury or
occupational disease that arises out of and in the
course of employment.
What types of Accidents are covered?
To be eligible to workers' compensation benefits, you
must have been injured within the scope and course of
your employment. All injuries do not require an
"accident". Some are caused by repetitive motion, such
as carpal tunnel syndrome. If the work you do causes
pain that you believe needs medical attention, we might
be able to help. Generally, most injuries suffered by an
employee during working hours at the employer's place of
business qualifies. It is best to contact an experienced
attorney if you are not sure if your accident is work
related.
What do you do if you have a work-related injury?
If you are injured on the job, you should report the
injury to your supervisor immediately. The workers'
compensation laws require that you report your injury
within 90 days from the date of the injury. When
reporting the injury, you should note the time, place of
injury, how you were injured, the injuries received, and
names of witnesses. You should also keep a copy of this
information. To receive benefits your claim must be
filed with the S.C. Worker's Compensation Commission
within two years from the date of injury.
Is my employer solely responsible?
In some cases, a third party may also be responsible for
damages. For instance, if you are injured by a defective
piece of equipment or if you are in a car accident while
working for your employer, there may be a case against
the manufacturer of the equipment or against the other
driver.
How do I pay an attorney?
Before a lawyer can charge a fee on a workers'
compensation case, the fee must be approved by the S.C.
Workers Compensation Commission. The Commissions rules
require that no lawyer's fee exceed one-third of the
amount recovered. The one-third must be based on the
amount disputed and may not be calculated on weekly
benefits the employer voluntarily pays to the injured
worker.
What about my benefits?
Benefits are provided to you through the insurance
carrier for your employer. You may be entitled to the
following benefits:
-
You should be paid for the time your doctor has you
out of work. However, you are not entitled to
compensation until you have been out of work at
least 8 days.
-
Your medical bills should be paid by your employer
or your employer's insurance carrier.
-
You should be reimbursed for mileage to and from
your doctor's appointments. You must travel at least
5 miles each way in order to be reimbursed for
mileage.
-
Your prescription medications and approved medical
supplies should be paid for by the insurance
carrier.
-
Under the law, you may be entitled to additional
compensation if you are permanently injured, even if
you can still work.
How do I know if I have a workers' compensation claim?
There are several things we must know to determine if
you have a workers' compensation case:
-
You must have been hurt on the job.
-
The injury must have occurred while working within
the scope and course of your employment.
-
You should seek advice from an experienced attorney.
The Law Offices of Daniel Hunnicutt, we will meet with you for
a consultation to discuss your case. We have more
than 30 years of experience in Workers'
Compensation.
-
Schedule a medical examination. We will work with
you and the insurance company to arrange an
appointment with a doctor or specialist to evaluate
your health and work-related conditions. Exposure to
dust, fumes, asbestos, chemicals, etc. may cause
conditions that you are not even aware exists. An
examination can help protect your health and your
legal rights.
|
