If you have been injured while lifting boxes or other heavy objects while on the job, you may be entitled to compensation for your injuries. Workers’ compensation is insurance provided by your employer that provides wage reimbursement, medical expenses, and death benefits. To preserve your right to file a workers’ compensation claim, you must notify your employer within 90 days of the incident, so it is important to act quickly if you are injured.
At Fulton & Barr Attorneys at Law, our Greenville workers’ compensation attorneys are committed to helping you recover maximum compensation for your work-related accident or occupational illness. If you have questions regarding temporary or permanent disability benefits, do not hesitate to give our legal team a call.
Seek Medical Attention
Your health and well-being come above all else. If you suffer serious injuries or have uncontrollable bleeding, chest pain, or severe burns, contact 911 immediately. By seeking medical care right away, you can more easily document the severity of your injuries, protecting your right to make a claim.
Notify Your Employer or Supervisor
Under South Carolina’s workers’ compensation law, you have 90 days to notify your employer of the incident. However, it is best that you tell them within 24 hours. Your employer will then file a claim with the Workers’ Compensation Commission. This is your employer’s responsibility, not yours.
If Your Employer Fails to File a Claim
If your employer fails to report your accident to the Workers’ Compensation Commission (WCC) or you do not believe that you are receiving the full extent of benefits, you can file your own claim. As an injured worker, you would file a Form 50, which would detail the date, location, and description of the accident. If the worker is deceased, a surviving family member would file a Form 52 with the WCC.
Schedule an Appointment with an Approved Provider
Ask your employer to provide you with a list of providers approved by your insurer. At your initial appointment, make the provider aware that you are filing a workers’ comp claim so that you will not be billed directly for any treatment. Also, be sure to tell the provider the specifics of your accident and all the injuries you sustained. The physician may ask for a complete medical history, including a list of your current prescriptions. Be as thorough as possible since this will help in developing your treatment plan.
If your treating physician determines that you can return to work but can only perform lighter work duties, you must comply, or your benefits will be terminated. If you disagree with your treating physician, you can ask your employer’s representative if you can be seen by another doctor.
Requesting a Hearing with the WCC
If your employer disputes your workers’ comp claim or your request to see another physician is denied, then you have a right to request a hearing with the WCC. Both you and your employer’s insurance company will present their cases to the Workers’ Compensation Commissioner, who will then decide on your benefits. If you are unhappy with the Commissioner’s decision, you do have the right to file an appeal. Generally, you only have two years to file a claim, so it is critical that you act quickly.
Greenville Workers’ Compensation Lawyers Providing Compassion and Advocacy for Our Clients
The process of filing for workers’ compensation can be confusing, leaving you wondering what needs to be done next to secure the compensation you deserve. At Fulton & Barr Attorneys at Law, our Greenville workers’ compensation lawyers will conduct an in-depth investigation into your incident, demonstrating how your injuries are work-related, leaving all doubt behind. To arrange your free consultation to discuss your case, contact us online or give us a call at (864) 778-3092 today.