Mechanic's Liens & South Carolina Residential Builders
October 1, 2015
South Carolina Workers’ Compensation Claims
November 3, 2016
Many individuals are often afraid to file a South Carolina workers’ compensation claim against their employer when they are injured on the job because they fear retaliation and the prospect of their employer firing them. However, in South Carolina, a worker has a right to file a claim for an injury that occurred in the workplace. An employer who fires you for making a South Carolina workers’ compensation claim is acting illegally, but they may still try to fire you, claiming that the termination is on other grounds.
How do I begin a South Carolina workers’ compensation claim?
The first thing you should do in any case of injury is to make sure you receive the proper medical attention. Waiting to get medical attention can worsen or exacerbate injuries. Once you have received medical care, it is a good idea to let your employer know about the on-the-job injury via writing.
Some employers will provide a standard workers’ compensation claim form that employees can submit. If your employer does not have a standard form, describing how and where your injury happened in writing should be sufficient for notice. South Carolina only allows 90 days to report work injuries so it is important to find an experienced workers’ compensation attorney quickly to help with your case. There are some exceptions to this 90 day rule, but they shouldn’t be relied on for your case, as they may not apply.
What do I do after notifying my employer?
After you have informed your employer of your injuries, you can begin the process of filing a South Carolina workers’ compensation claim. After the initial 90 days to inform your employer, you have up to two years to file your claim. Some employers will file a claim on your behalf, but if they do not you will have to file the claim yourself or have a lawyer do it on your behalf. The claim is filed with the Workers’ Compensation Commission.
Receiving benefits for you injury
Your claim will be reviewed by the Workers’ Compensation Commission, and benefits may be awarded to you. It is not guaranteed that you will be awarded benefits upon the commission’s review. Benefits are calculated based on what type of injury you have and your ability to continue working in the same or similar capacity. Benefit calculations also consider past earned wages. If the Workers’ Compensation Commission denies your claim, it is possible to appeal their decision. This appeal needs to be filed within 14 days of the Commission’s decision.
Have you been injured on the job?
The workers’ compensation attorneys at Surasky Law can help you every step of the way in your case through the initial filings all the way through the compensation or appeals process. Every client at our firm gets individualized attention and relentless advocacy to help ensure that you are fairly compensated for any injury you may receive on the job.