The Hartman Law Firm, LCC is Charleston, South Carolina's Workers Compensation Attorney
Every 7 Seconds, a worker is injured on the job.
National Safety Council
A work related injury can cause missed worked, medical bills, and pain and suffering. No matter what your line of work, safety should be your first concern. But when safety measures fail, your rights as an employee must be protected.
I was Injured at Work. Now What?
South Carolina law requires any company with more than four employees to carry worker’s compensation insurance. If you get hurt, you must report your injury within 90 days. Then, you have two years to file a worker’s compensation claim.
Worker’s Compensation is a no-fault system. This means it doesn’t matter if you or your employer was at fault for the injury. If your employer doesn’t file the claim, you can do it yourself by completing the appropriate documentation. Furthermore, if your employer denies your injury benefit, you have the right to file a claim.
Once you’ve been awarded worker’s compensation, there’s a seven day waiting period before benefits take effect. And, before you can return to work, you will need a doctor’s permission to do so.
If you feel your doctor’s decision to return to work, or to continue to miss work, is in error, you have the right to request a hearing. Then, it takes sixty days for the hearing to take place.
In the meantime, if you’re released to light duty you need to take the position offered or you may risk losing all benefits. If you have a non-surgical scar or impairment that can be seen from more than four feet away you can request an informal committee review.
Education has been shown to be the best solution to decreasing injuries on the job. It’s every employees responsibility to foster safe working conditions and implement safer work practices.
If you suffered an accident due to unsafe working conditions, consults with our skilled workers’ compensation law firm in Charleston today. You may be eligible for more compensation that an insurance company offers.
South Carolina law requires any company who has more than four employees to carry worker’s compensation insurance. Also, Worker’s Compensation is a no-fault system, meaning it does not matter if you or your employer was at fault for the injury. You must report any injury that occurs on the job within 90 days of the accident. You then have a period of two years in which to file a claim.
If your employer does not file the claim, you can do so yourself by completing the appropriate documentation. Also, if your employer denies your benefits from the injury you received on the job you may file a claim.
There is a seven day waiting period before any worker’s compensation benefits will take effect. If you are out of work for 14 days then you will receive compensation for the first seven days that you were off the job. You will need a doctor’s permission to return to work. If you feel the doctor is in error, even if he has only cleared you for light duty, you have the right to request a hearing which will be heard in sixty days.
If you are released to light duty you must take the position offered or you may risk losing all benefits. If you have a non-surgical scar or impairment that can be seen from more than four feet away you can request an informal committee review. If you travel more than ten miles round trip to see the doctor the insurance company has assigned to your case you may be entitled to travel expenses at the same rate a state employee earns when he/she travels. If you do not agree with the insurance company doctor you may ask for a second opinion using the proper documentation.
When dealing with worker’s compensation there are many deadlines and there are many specific rules that must be met in order for your case to properly be presented to the members of a hearing panel. A hearing is the way to resolve problems between you and your employer’s representative. Because their representative will be very knowledgeable about workers compensation you need someone on your side who is also familiar with the law. If you or someone you love has been injured at work in Charleston, South Carolina call the Hartman Law Firm. Our Charleston Workers Compensation Attorney is on your side and want to help.