What is Workers’ Compensation Insurance?
Workers’ compensation insurance is employer-provided insurance that businesses with four or more employees are required to offer to employees. Workers’ compensation covers an employee’s medical expenses and lost wages and provides death benefits to dependents of a deceased worker. To be eligible, employees must report an accident within 90 days, while also submitting the appropriate paperwork to the Workers’ Compensation Commission.
If you have recently been denied benefits, the Greenville workers’ compensation lawyers at Fulton & Barr, Attorneys at Law, are here to fight for adequate compensation on your behalf.
Overview of Workers’ Compensation Process
Following a work injury, employees should report their accident to their employers or supervisors within 90 days. Failing to do so may result in your claim being denied. If your injuries were life-threatening, seek medical attention immediately. Request that your employer provide you with a list of treating physicians approved by your workers’ compensation insurer.
At this point, it is wise to contact a Greenville workers’ compensation lawyer. A workers’ compensation lawyer can assist you in filing the correct forms to ensure that your claim is handled smoothly. Any delays in remitting the proper paperwork can result in delays in benefits.
Evaluation by Treating Physician and Benefit Plans
In South Carolina, your treating physician will evaluate your injuries and develop a treatment plan. Part of the evaluation involves determining what type of benefits you should receive. If your injuries keep you from working but only require that you take a temporary leave, then you may be eligible for temporary total disability (TTD) benefits. If you can return to work but in a lighter capacity, then you may be eligible for temporary partial disability (TPD) benefits.
If your accident caused you to lose function in a body part, use of a limb, or a traumatic amputation, then you may qualify for permanent partial disability (PPD). If your injuries leave you unable to work entirely, then you will likely qualify for permanent total disability (PTD) benefits.
Types of Benefits in a SC Workers’ Compensation Claim
South Carolina will cover lost wages, all reasonable and necessary medical expenses, and death benefits related to a workers’ injuries or occupational illness.
Lost Wages
Workers are entitled to compensation for lost wages after missing seven consecutive days of work due to their injuries, with benefits applying retroactively after 14 days of missed work. Wage replacement calculations will depend on the type of benefits you are receiving. Most commonly, workers receive TTD benefits. Under TTD, a worker may be eligible to recover 66 and 2/3 percent of his or her AWW prior to the accident, with benefits lasting up to 500 weeks. Under TPD benefits, employees will earn 2/3 of the difference between their wages prior to their injury or after their accident.
Medical Expenses
Employees under workers’ comp will be reimbursed for all reasonable and necessary medical costs, provided that they see a provider approved under their insurer. Employees are not eligible to receive non-economic damages, such as losses for pain and suffering or due to post-traumatic stress disorder.
Death Benefits
If you die due to your occupational accident or illness, your dependents can file a workplace death claim. The following benefits will be included:
- Reimbursement for all medical bills related to your work-related accident or illness
- 66 and 2/3 percent of the worker’s AWW for a maximum of 500 weeks; and
- $12,000 in burial expenses
Reach Out to a Greenville Workers’ Compensation Lawyer Today
If you have recently suffered an injury on the job, our legal team wants to hear from you. At Fulton & Barr, Attorneys at Law, we have helped numerous clients in a variety of situations receive maximum compensation on their claims. If you are ready to schedule your free consultation, contact us online or by phone today.
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