South Carolina Workers’ Compensation
The Workers Compensation Lawyers at The Strom Law Firm, LLC aggressively fight to secure compensation for workplace injuries.
If you’ve been injured at work, chances are you aren’t familiar with South Carolina’s work injury laws.
So how do you get started with Workers’ Compensation? See our simple overview below and reach out to The Strom Law Firm LLC’s work injury attorneys to discuss your case. Your case will be reviewed free of charge. Just give us a call or fill out the case evaluation form at the right.
South Carolina work injury laws at a glance:
- What is workers’ compensation?
- Who qualifies for worker’s compensation benefits?
- What are the benefits for workers’ compensation?
- What qualifies as a work injury or work accident?
- Why do I need a work injury lawyer to get workers’ comp benefits?
Basically, it’s an insurance policy your employer must carry to make sure that employees injured at work can obtain necessary medical treatment and financial assistance for lost wages, plus additional compensation for any work-related injury, sickness, or disease that causes total or partial impairment to work. Workers’ compensation is available regardless of fault when the injury arises out of, and in the course of, employment.
By law, every South Carolina employer with four or more full-time employees must have workers compensation insurance.
The protection provided under the South Carolina Workers Comp Act is only the beginning of your right to compensation for a workplace injury.
Any full-time employee (working for an employer with four or more employees) who has an employment related injury and needs medical attention should be covered under workers’ compensation insurance. It doesn’t matter if the injury was a complete accident or the fault of a co-worker.
The employee MUST notify his or her employer within 90 days of the injury or risk losing the right to benefits under workers compensation. (It is recommended that you record details of your accident and to whom you reported it.)
Migrant and seasonal farm workers are not covered under workman’s compensation insurance.
If it’s been more than 90 days since your work accident occurred, you may need help obtaining benefits for medical treatment and lost wages. You can contact The Strom Law Firm’s work injury lawyers to discuss the facts of your case at no charge.
Workers’ compensation insurance benefits to assist the injured employee include:
- Medical treatment and other medical expenses (gas mileage, public transportation costs)
- Lost wages: 2/3 of an employee’s wages will be paid out after a seven-day waiting period
- Compensation for a permanent loss: blindness, loss of limb
- Death benefits to spouse and dependents
There are obvious work injuries and not-so obvious work injuries.
- Physical injury: an accident such as a fall, chemical burn, cut.
- Repetitive injury: an injury acquired by repeating the same acts over and over through work. This could be accumulative hearing loss, debilitating back pain, carpel tunnel, neck pain. It is recommended to report a repetitive injury as soon as you need to seek medical attention for it.
- Disease: an occupational disease is one that is acquired because of your job such as lung diseases (ex. Asbestosis) from work environments and hazardous work-related materials, or disease contracted because your work in a hospital.
- Mental issues: Mental issues from extreme or unusual work conditions or from an ongoing work injury.
For more see: What to Do After a Work Injury.
Anyone can file a workers comp claim for a work-related injury on their own. The South Carolina Worker’s Comp Commission is supposed to oversee conflicts that arise between the injured employee and the employer’s insurance company.
However, even with a mediator, an injured employee is challenged to act on his own behalf against a business entity. Insurance companies have lawyers, lots of fine print and look for reasons not to pay. Workers’ compensation is their business. The company’s employees are experts. An injured employee is in a weakened and stressed state. Plus, the employee must be evaluated by a doctor hired by the insurance company; this evaluation is used to determine approval, treatment and/or settlement of the employee’s worker’s comp claim.
Here’s a quick look at specific obstacles that commonly arise in Workman’s Comp claims:
- Denied Claims
- Dispute Over Medical Treatments & Needs
- Return to Work Disputes
- Dispute Over Claim Settlement Offered
- A Third-Party Is Also to Blame
- Your Appeal Is Ready for District Court
The work-injury lawyers at The Strom Law Firm, LLC proudly seek justice on behalf of employees injured or killed on the job who work for private companies, as well as employees working for local county, city, and state government.
Whether your case involves obtaining benefits for a denied workers comp claim, helping you obtain medical treatment, negotiating a fair and equitable settlement for your on-the-job injury, or even pursing a claim against a third party who caused and/or contributed to your workplace injury, the workers compensation lawyers at the Strom Law Firm, LLC represent injured workers at all stages of the workers compensation claim process, including initial hearings and appellate proceedings.
The Strom Law Firm, LLC understands the impact that a work-related injury or death has upon you and your loved ones. The most important thing you need to focus on is a speedy recovery. You need an advocate who will seek justice on your behalf.
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