Filing a Worker's Compensation Claim in South Carolina

You can get remedies for injuries and illnesses that arise from your occupation. The South Carolina compensation act protects its residents, as it is your employer’s responsibility to cover you for medical expenses, lost income, and permanent disability. If the accident leads to death, the individual’s beneficiaries will receive the benefits. Sometimes the injury extent is hard to determine, and it would help to consider your future needs when seeking compensation.

The Law

South Carolina’s worker’s compensation system works on a ‘no fault’ basis. It means that the company will compensate you for injuries while at work or undertaking your job in the field. It does not matter the cause or who is at fault for the accident. An insurance company usually pays for the worker’s compensation on behalf of the company. However, you can get a denial for the worker’s compensation if you are careless. It is the reason for the accident. 

The no-fault system will limit you from seeking further remedy in a civil court. Still, you can seek compensation for damages from other parties other than your employer if there was negligence and carelessness, but it will be a separate case. Workers’ Compensation Attorneys with previous experience in similar cases can help you build a case and file it in a court of law. 

The Process

The process starts by informing your employer of the accident. They will investigate the incident to determine if your claims are valid. Then, the company will recommend the payments and calculate the amount from the injury date onwards. You can get a denial, depending on the findings. Still, you can appeal the case using form 50 while beneficiaries fill the Form 52. 

Worker’s compensation usually has timelines. You will need to file your case in South Carolina within two years since the incident occurred. Still, the timeline can extend depending on your accident since some personal injuries take time to manifest. However, you will need to inform your employer about the accident immediately. You should have it in written form as an incident report. 

The company will inform the South Carolina worker’s compensation commission through their insurance service providers. In addition, your employer may require you to go to a specific medical practitioner for assessment and treatment. Going to a different doctor may deny you the compensation. The doctor will give you and the company the medical records for filing. 

On the other hand, if an insurance company or employer does not give you the benefits, it would help you seek justice from the commission. You can appeal an unfavorable decision via the commission or seek a different judgment in a civil court. Selecting the right attorney for your case is beneficial to achieving the desired outcome. Ensure you have a specialized lawyer in worker’s compensation cases and experience with similar cases to yours.

Conclusion

It is essential to know the company policies on worker’s compensation, especially when working in a risky work environment. The information helps you know how to perform your duties and what to do in a workplace accident.