How Long is the Waiting Period for WC Benefits?
South Carolina law has strict protocols when it comes to receiving workers’ compensation benefits. If you have been injured on the job, you must notify your employer within 90 days of the accident to guarantee your right to benefits. However, if you are injured or have fallen ill due to your employment, you will not be compensated for the first seven days that you miss work.
Keep reading to learn about the process of receiving workers’ compensation in South Carolina and how a Greenville workers’ compensation lawyer can assist you with your claim.
How Long After My Injury Am I Entitled to Benefits?
If you have experienced a job-related injury, you will be eligible to collect compensation after seven days of your inability to work. This waiting period is implemented to ensure that your claim is valid. If a worker is out of work for only a few days, there is no need to go through all the paperwork associated with filing a workers’ compensation claim.
Keep in mind that if you miss less than seven days of work, you will be unable to recoup your lost wages, and you will be responsible for covering your medical bills. However, if you are incapacitated for 14 days, retroactive benefits will apply, and you will be able to receive benefits from the first day that you were unable to work.
When you report a work-related injury to your employer, he or she will report the incident to the Workers’ Compensation Commission. To reserve your right to receive benefits, besides reporting the accident directly to your employer, you must also file a claim with the Commission. You are given two years to do so.
What Happens If My Doctor Restricts Me from Working or Orders Light Work Duty?
If your doctor thinks that your injuries are severe enough that you should cease working, then you will be entitled to temporary compensation. In this situation, you will file for temporary total disability (TTD) benefits, which would allow you to collect 66 2/3% of your average weekly wage (AWW).
On the other hand, if your doctor restricts you to light work duties, then you will be able to receive temporary partial disability (TPD) benefits. Under TPD, you will receive 66 2/3% of your average weekly wage pre-injury minus your post-injury wages. If your doctor states that you are able to perform light work duties and your employer obliges, you must accept your employer’s offer. If you refuse, then you risk having your compensation benefits terminated.
What If My Claim Is Denied?
If your workers’ compensation claim is denied, a workers’ compensation lawyer can file a claim on your behalf with the Workers’ Compensation Commission by submitting a Form 50. You will need to provide the following information:
- The date and time of the accident
- Description of the accident
- The injuries you sustained
- Who you reported the accident to
- If medical treatment is warranted
- If you suffered disfigurement
- Damages sought
If you have a permanent disability or require ongoing medical care, it may be in your best interest to negotiate a settlement. A workers’ compensation attorney can negotiate with the insurance company on your behalf to recover the amount that is rightfully due to you.
Speak with a Greenville Workers’ Compensation Lawyer Today
If you have been injured in the scope of your employment, you deserve compensation for your injuries and lost income. At Fulton & Barr Attorneys at Law, our Greenville workers’ compensation lawyers work tirelessly to help injured workers collect the benefits that they deserve. To schedule your free, no-risk consultation to learn how we can assist you, contact us online or by phone today.