According to South Carolina state law, you, as the injured employee, are entitled to all medical care and treatment that “tends to lessen your degree of disability.” Your employers’ workers’ comp insurance company must pay for all the medical care that helps you treat and recover after your on-the-job accident.
Also, and in most cases, the South Carolina Workers’ Compensation Act will provide benefits that cover any injury that occurs by accident during your employment. Commonly you are entitled to recover medical expenses, temporary total wages for lost time, and even permanent disability benefits if you received any permanent or life-long injury.
However, under the current worker’s comp laws, your employer has the right to select a doctor who will treat you. Effectively, this means that if you go to see your doctor without your employer’s permission, your employer may not be held liable for the medical expense, and you will be left with a huge medical expense on your own.
However, it does hold that you have the absolute right to choose a doctor to evaluate you for any specific disability. Still, their costs will usually not be covered by the employer.
So, when you have an accident while performing your job, you should immediately report it to your supervisor. You must also request that your employer be responsible for the appropriate medical treatment required. If your worker’s comp claim is denied, you should immediately consult with and hire a Beaufort or North Augusta personal injury lawyer experienced in workers’ comp cases.
In South Carolina, workers’ comp cases can be unusually complex due to the nature of the State’s workers’ comp laws. Also, your medical costs and lost wages may mount rapidly into tens of thousands of dollars. By consulting with a knowledgeable personal injury lawyer versed in these cases, you have a significantly better chance of receiving the compensation you need and are entitled to.
If I File For Workers’ Comp in S.C., Does My Employer Pay the Bills?
Your employer will not have to pay out of their pocket. South Carolina workers’ comp lawyers get this question more often than you think. Most injured workers, like yourself, are loyal employees who worry their employer will have to pay their medical bills or whether filing for benefits will hurt them later on the job. This may discourage you from seeking vital benefits when you get seriously injured.
So, before you consider forfeiting any important rights to income or necessary medical care while you’re out of work, you should know this fact: commonly in cases, a third-party insurance company pays your South Carolina workers’ comp benefits. Your employer must pay thousands, or even millions, of dollars in premiums for years to provide workers’ comp coverage for you if you get hurt.
Again, however, depending on the exact details of your specific case, dealing with the worker’s comp insurance companies can be daunting and legally complex. Getting your case analyzed by a professional South Carolina workers’ comp law team will always put you on the right track, so you quickly get the compensation you need to heal, recover and move on.
What Happens If My Workers’ Comp Claim is Denied?
If your claim is contested or denied, your lawyer will file a Form 50 on your behalf with the Workers’ Compensation Commission. This form describes the details of your accident, such as; the various parties involved, the date and description of the accident, who you told about it, the injuries you received, any medical treatment you needed, any disfigurement you may have received, and all the financial relief you are requesting.
Your employer will be represented by an insurance company known as the carrier. The carrier will file an answer to your claim, admitting that you have stated in your description of your accident. Your case moves to the Workers’ Compensation Commission’s docket and is assigned to an individual Commissioner. This person acts as a fact-finder and usually rules on the law.
In this situation, which unfortunately happens frequently, your South Carolina workers’ comp lawyers’ experience, knowledge, and negotiating skills will be invaluable to a successful outcome for you and your family.
Once your case has gone through this entire process, which may be lengthy, you will know just what and how much compensation you will receive. Also, once the full Commission has decided your case, it is rarely appealed to the courts, so “getting it right” the first time is critical.
If I Am Seriously Injured, How Long Can I Remain on Workers’ Comp. in S.C.?
If you are an injured employee, you commonly can receive workers’ compensation for lost income, medical expenses, and many other benefits without proving your employer’s negligence was the direct cause of your injury. South Carolina’s workers’ compensation is set up to receive benefits if you need them or until your return to work. Workers’ comp is designed to provide you with up to 500 weeks (or approximately nine years) of benefits.
If you are very seriously injured or disabled, your 500 weeks can be extended. This is commonly the case if you’ve experienced a total lifetime disability. Workers’ comp cases, such as these, usually involve a degree of paralysis or a severe and permanent brain injury.
How long you receive benefits depends on your ability to work, the severity of your injury, and your medical treatment needs. This is another profoundly serious area that will benefit immensely from the guidance and professional management of your South Carolina workers’ comp lawyer.
Here, your life and future may wholly depend on receiving the proper compensation needed for years and a lifetime of care.
I Have To File Workers’ Comp in South Carolina; How Should I Proceed?
First, get the immediate medical help you need, as nothing is more important than that! Then, depending on your injuries, understand that even utilizing workers’ comp does not necessarily mean you will receive all the funds needed for treatment, recovery, and more.
Consulting with a Beaufort or North Augusta workers’ comp law firm with decades of experience getting injured workers the compensation they deserve is the best way to ensure your and your family’s financial wellbeing. Obtain a consultation as soon as possible and help make sure you navigate this detailed process correctly and that you, and your family, get what you need to prosper.