A workplace injury can turn your life upside down in a matter of seconds. Medical bills begin to accumulate. You cannot work. You may not know whether you can cover rent or your mortgage this month. Workers’ compensation exists to protect you in exactly this kind of situation, but navigating the claims process is more complicated than most people expect.
At Smith Ammons Howle & Ricker, we represent injured workers throughout the Pee Dee and Lowcountry regions of South Carolina. Here is what you need to know before you file a claim.
What South Carolina Workers’ Compensation Covers
South Carolina law requires most employers with four or more employees to carry workers’ compensation insurance. If you are injured on the job, that coverage is designed to pay for:
- Medical treatment related to your injury
- A portion of your lost wages while you are unable to work
- Permanent disability benefits if your injury causes lasting limitations
- Vocational rehabilitation if you cannot return to your previous position
Workers’ compensation is a no-fault system. You do not have to prove that your employer was negligent to receive benefits. You only need to show that your injury occurred at work and in the course of your employment.
Steps to Take Immediately After a Workplace Injury
The decisions you make in the hours and days following a workplace injury will directly affect your claim.
Report the injury to your employer right away. South Carolina law requires you to notify your employer within 90 days of your injury. Waiting too long can jeopardize your right to benefits. Whenever possible, report the injury in writing and keep a copy for your records.
Seek treatment through your employer’s authorized provider. In South Carolina, your employer generally has the right to direct your medical care in a workers’ compensation case. Visiting your personal physician first can complicate your claim unless there is a genuine medical emergency.
Document everything. Keep records of every medical visit, every prescription, and every piece of correspondence related to your injury. Save all paperwork from your employer and the insurance company from the very beginning.
Common Reasons Workers’ Compensation Claims Are Denied
Insurance companies deny workers’ compensation claims more often than most injured workers expect. Common reasons for denial include:
- Failure to report the injury to your employer promptly
- Disputes about whether the injury occurred during the course of employment
- Allegations that the condition is pre-existing
- Incomplete or missing medical documentation
- Claims that the worker was under the influence at the time of the incident
A denial is not the end of the road. You have the right to appeal, and many initially denied claims are successfully resolved with the support of an experienced workers’ compensation attorney.
When to Contact a Workers’ Compensation Attorney
Some claims move forward without complications. Others do not. You should consider speaking with an attorney if any of the following situations apply to you:
- Your claim has been denied
- You believe your permanent disability rating is too low
- Your employer has retaliated against you for filing a claim
- A third party such as a contractor or equipment manufacturer contributed to your injury
- You are being pressured to return to work before you have fully recovered
An attorney can help you gather the documentation your case requires, protect your rights throughout the process, and represent you in hearings before the South Carolina Workers’ Compensation Commission.
We Are Ready to Help
At Smith Ammons Howle & Ricker, we understand that a workplace injury is one of the most difficult situations a person and a family can face. We approach every workers’ compensation case with competence, commitment, and compassion, working to attack your legal problem while making this process as manageable as possible.
We serve clients in Florence, Summerville, and throughout South Carolina’s Pee Dee and Lowcountry regions. All initial consultations are free of charge.
Contact us today to schedule your free consultation. We are here to help you understand your rights and pursue the outcome you deserve.
