How to File a Workers’ Compensation Claim
Suppose you work in South Carolina and were injured while on the job; you may be entitled to receive workers’ compensation benefits. Immediately following your injury (and after receiving emergency medical care), you should notify your employer of your work-related accident or injury.
Understanding how to file a workers’ compensation claim will ensure that the process is streamlined. In this blog, our Greenville workers’ compensation lawyers discuss what you need to know about workers’ compensation in the Palmetto State.
How Long Do I Have to Report a Work-Related Injury in SC?
You only have 90 days to report your injury to your employer, so do so as soon as possible following the event. If you suffered an injury that requires medical attention, you should seek emergency care. Once your condition is stable, then you should report your injury to your employer.
Additionally, you should report your work accident to the Workers’ Compensation Commission. This must be filed within two years of your accident or injury. If a family member died due to a work-related accident, as next of kin, you are entitled to file a claim to receive survivors’ benefits.
Ensuring Reimbursement for Medical Care
Your employer can provide you with a list of medical providers. If you choose to see a physician who is not pre-approved, you may be responsible for paying the cost of your medical treatment. If insurance determines that your injury is work-related, then you are entitled to reimbursement for all reasonable and necessary medical expenses, including:
- Hospitalizations
- Surgeries and procedures
- Medical supplies
- Prosthetic devices
- Prescription costs
- Travel expenses to and from the doctor’s office or pharmacy
Steps to Take If Your Workers’ Compensation Claim is Denied
If your employer fails to report your claim to insurance ten days following your notifying them, you will want to file a Form 50 (workplace injury claim) or Form 52 (workplace death claim). If your claim is denied, you have a right to request a hearing with the Workers’ Compensation Commission (WCC). The South Carolina WCC Commissioner will preside at your hearing, at which time evidence will be presented, and witnesses will be called upon to testify. Afterward, the Commissioner will issue a written decision.
If the Commissioner denies your claim, you can file an appeal, at which time the full commission will review your case. If you are denied once more, then you can appeal your case to the South Carolina Court of Appeals. If your claim is denied again, your last resort will be appealing to the South Carolina Supreme Court. This is the highest court in the state. Whatever decision they come to will be the final ruling on your claim.
If you are appealing a WCC decision, you will want to have a Greenville workers’ compensation lawyer working by your side. The appeals process can be convoluted, and by having someone who understands workers’ compensation laws, you are giving yourself the best chance of a successful outcome.
Greenville Workers’ Compensation Lawyers Fighting for You
If you have been hurt while at work, we understand the distress that you are experiencing. At Fulton & Barr Attorneys at Law, we believe that everyone should receive the compensation they need to take care of their physical and mental health. To arrange your free consultation, contact us online or by phone.
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