If you’re considering filing a workers’ compensation claim in South Carolina, there are few things you should know. Becoming acquainted with the steps you need to take to process a workers comp claim can help you avoid complicated situations and can ensure your rights and benefits are protected. Here are a few things to know about workers’ compensation laws in South Carolina.
Your employer can’t fire you for filing a workers compensation claim
Workers’ compensation laws in South Carolina prevent your employer from firing you in retaliation for filing your workers compensation claim. If your employer does fire you for simply filing your claim, you can pursue legal action for wrongful termination.
You may need to keep working in order to receive workers compensation benefits
The doctor that reviews your injuries may come to a determination that you are capable of performing light duty work. If your employer is able to adapt your job around your needs, you will need to continue working. Otherwise you may not be able to receive workers compensation benefits.
Your workers compensation benefits don’t always cover you from day one
When you file your workers compensation claim, you may not be eligible to receive compensation if you haven’t been out of work for more than 7 days. After 7 days, workers compensation will apply. After 14 days, workers compensation benefits will apply going back to the date of the accident or injury.
If your workers compensation claim is denied or you’re unhappy with the benefits offered to you, you can file an appeal
If your claim is denied or you feel the benefits offered to you aren’t enough to cover the costs of your medical bills and lost wages, you are entitled to file an appeal in response. The South Carolina Workers Compensation Commission reviews workers compensation claims for the state and can hold a hearing if an employee disputes the workers compensation benefits offered or denied to them.
Don’t worry about the company when it comes to your benefits. Your employer is usually not the one paying your claim, directly
Your boss likely isn’t paying for your workers compensation benefits out-of-pocket, which is an important thing to remember if you work for a small business and are worried that you may affect the financial well-being of your employer. Your employer should have insurance to cover any potential workplace injuries. The insurance company is the one that should be handling your workers comp payments.
If you have any questions regarding workers compensation laws in South Carolina or if you need help filing an appeal to ensure you get the benefits you deserve, don’t hesitate to contact an experienced workers comp attorney. The Clardy Law Firm focuses on workers compensation in Greenville, South Carolina and are here to help you get the compensation you need to recover. Call us today to schedule a free consultation!
