Filing for Workers' Compensation
Professional Guidance from a Charleston Personal Injury Lawyer!
In South Carolina, once a worker is injured at work, they are to report
all injures to their employer immediately and request medical treatment
if needed. If a worker neglects to report his or her injuries within 90
days of the accident, they may lose their right to benefits.
Although a worker must report an injury within 90 days, the worker has
up to two years to file a claim for benefits. If a worker dies as a result
of work-related injuries, the worker's dependents, or the worker's
parents if there are no dependents, must file a claim within two years
of the death to claim benefits.
Filing a Claim: South Carolina Workers' Compensation Commission
If your employer fails to report your accident, or accidentally denies
your injury, or if you believe that you are not receiving all of the benefits
that you are entitled, you may personally file a claim by submitting a
Form 50 or Form 52 to the South Carolina Workers' Compensation Commission.
Every South Carolina employee, with exceptions is presumed to be covered
by the state's Workers' Compensation Act. Exceptions to this provision
include railroad employees, certain casual employees, federal employees,
businesses with less than four employees, agricultural employees and certain
real estate sales persons. Workers' compensation pays for medical
treatment and lost wages during the period of disability at a rate of
66 2/3 percent of the employee's average weekly wage.
Workers' Compensation Coverage
Filing a claim for
workers' compensation requires special attention. Any delay in filing or error in the application
can cause inconvenient delays. If you have special circumstances and your
employer failed to report your accident or if you believe you are not
receiving the full benefits that you are entitled to, it's especially
important to engage a Charleston workers' compensation attorney.
In addition to filing a workers' compensation claim, you may be entitled
to compensation in a third party claim if a negligent third party contributed
to your injuries, which could mean thousands more in compensation to you.
By utilizing our firm's services, you can be confident that your claim
is being filed properly and that you have an aggressive attorney pursuing
the maximum benefits that are allowable by law.
We urge you to contact our firm
to discuss your workplace accident
and all of the possible avenues for obtaining compensation!