South Carolina Workers’ Compensation Claims
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UPDATED: Mar 10, 2020
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South Carolina workers’ compensation claims for benefits should be submitted within a statutorily mandated time period with the South Carolina Workers’ Compensation Commission. Because South Carolina requires that all employers with four or more employees carry workers’ compensation insurance, many employees who are injured on the job or who develop occupational illnesses may receive income replacement, medical benefits, and permanent disability benefits, among others.
Process for South Carolina Workers’ Compensation Claims
Promptly report your employment-related injury or illness to your supervisor or boss after you have discovered that you are suffering from such a work-site injury or illness. In any event, you must be sure to notify your employer within ninety days of your injury or the start of your illness or you may lose the opportunity to get South Carolina workers’ compensation benefits. Your employer must then file a “First Report of Injury or Illness” (Form WCC 12-A) with the South Carolina State Accident Fund. This report of injury must be filed within two years of your injury. If the report of injury is not filed within two years, your claim will be barred by the statute of limitations and you will not be able to receive medical, income replacement, or permanent disability benefits.
Additionally, go to a doctor as soon as possible after you have been injured or become ill to have your medical condition examined. It’s important to let the doctor know that your injury or illness is related to your job. The physician treating you should note this down in your medical file as these records can later be produced to help prove that your injury was legitimate and caused by what you claim.
Lastly, if you need help filing your claim for workers’ compensation benefits, or if your claim has been contested or rejected, you should get in touch with an experienced South Carolina workers’ compensation attorney.
Reasons to Hire a South Carolina Workers’ Compensation Attorney
If you are thinking about filing a claim for workers’ compensation benefits in South Carolina, it is in your best interest to hire a South Carolina workers’ compensation lawyer. A lawyer can assist you in filing your claim, ensuring that you meet the requisite deadlines for filing such a claim, helping you formulate a strategy, and recommending the best course of action for your case.
In addition, if your workers’ compensation case becomes complicated because your employer does not have insurance, does not have enough insurance or refuses to cooperate, or because your claim has been contested or rejected, a South Carolina workers’ compensation attorney can be of great assistance in helping to argue your case convincingly and in explaining how the South Carolina workers’ compensation system works for you. If a separate lawsuit is necessary due to a third party’s involvement in the case, such as a manufacturer whose defective piece of equipment caused your injury, a South Carolina workers’ compensation attorney can help you structure your case and explain how you can recover from that third party in addition to still receiving workers’ compensation benefits from your employer’s insurance.