Were you injured at work, or are you suffering from an occupational disease? If so, you should be able to file a claim under your employer's workers' compensation insurance. South Carolina's workers' compensation laws are designed to ensure that employers assume the costs of occupational disabilities without regard to fault, including the injured employee's.
Below, we have provided a list of frequently asked questions about workers' compensation. If you have further questions, please don't hesitate to contact our office to schedule a consultation with an experienced member of our legal team.
1. How do I report an injury?
If you are injured at work, report the injury to your employer immediately and request medical treatment, if needed. If you fail to report the injury within 90 days of the accident, you may forfeit your right to critical benefits.
2. Am I entitled to medical treatment?
Under the law, you're entitled to receive all necessary medical treatment. For example, workers' compensation pays for prescriptions, hospitalization, surgery, prosthetics, and medical devices.
3. Can I go to my primary care physician?
If you are injured on-the-job, you cannot see just any doctor. In order to receive workers' comp benefits, you must see the doctor chosen by your employer.
4. How much is the compensation?
Workers are entitled to 66 2/3 percent of their average weekly wage based on the four quarters before their injury, but that amount cannot exceed the maximum average weekly wage established annually by the South Carolina Department of Employment and Workforce.
Note: if you had two or more jobs at the time that you were injured, those wages can be calculated as part of the average weekly wage and compensation rate.
5. Is there a waiting period?
Injured workers must wait seven days before they can receive benefits. If you are unable to work for more than 14 days, you'll be compensated for those first seven days as well.
When you're unable to work for 14 days or more, the payments are made directly to you until your doctor releases you, saying that you can return back to work.
6. What if my employer refuses to report my accident?
If your employer refuses to report the accident, or if they deny that your injury was caused by a workplace accident, you can request a hearing with the workers' compensation commissioners.
Contact a Columbia workers' compensation lawyerfrom Masella Law Firm, P.A. today!