No one expects to sustain a serious injury at work, but it happens to thousands of South Carolina residents every year. The time immediately following the accident is stressful when you’re trying to recover while at the same time you don’t want to jeopardize your workers’ compensation claims. At The Clardy Law Firm, it’s our job to make sure you understand your rights as an injured worker so you can receive all of the benefits you are entitled to.
Filing a Claim
State law gives you up to 90 days to notify your employer of a work-related injury and up to two years to file a claim for benefits. However, we recommend that you do both of these things immediately. Your employer must pay for any medical treatment you need as a result of the injury, but the company also gets to decide who you see for evaluation and treatment.
If you want to see a different doctor or require a second opinion, your employer’s insurance company must approve it. This is often a contentious issue between injured workers and their employers.
Benefits You Are Eligible to Receive
Under state law, you must wait seven days after reporting your injury to start receiving payment. However, you are entitled to receive retroactive payment for the waiting week if you are out of work for more than 14 days.
Once your claim is approved, you are eligible to receive 66 2/3 of your weekly pay, up to a maximum of $766.05 per week. This amount is the average weekly wage in South Carolina as of January 1, 2015. You are also entitled to reimbursement of medical expenses, including up to 50 cents per mile of travel.
Why You May Need an Attorney
Unfortunately, the process of collecting your workers’ compensation benefits may not go as smoothly as you would like. Your employer may deny the claim, delay your payments, or refuse your request to see your own doctor. Retaining an experienced workers’ compensation attorney lowers your stress level and increases your chances of fair treatment. Please contact us at The Clardy Law Firm today.