When you have a workplace injury that requires medical care or will cause you to miss work, you may be entitled to workers’ compensation. Most employers are required to cover their employees through the state’s extensive workers’ comp program, which is simplified way to cover workplace injuries.
Reporting an injury within 90 days is the first step in a workers’ comp claim. Even when you are unsure whether you will need to file a claim, it is essential to report any workplace injuries and consider working with an experienced workers’ compensation attorney. When you have questions about the process, contact a lawyer who handles workers’ compensation benefits in Greenville.
Once a worker reports their injury to their employer, the employer has the right to pick medical providers, which workers must generally use to get coverage. There are exceptions for emergency care, but the injured person may need to use the employer’s providers for aftercare.
Once they receive a report of an injury, the employer should file a claim with the South Carolina Workers’ Compensation Commission (SCWCC) within approximately a week. If the employer fails to do so, the worker can file a Form 50 with the SCWCC. When the injury led to the employee’s death, a survivor can file a Form 52 claim for workplace death. An attorney in Greenville could explain more about the appropriate forms to file for workers’ compensation benefits.
The state provides three main benefits under workers’ compensation and one for surviving family members of someone who dies at work.
This benefit can cover treatment as well as rehabilitation and any tools such as canes, wheelchairs, and prostheses that are necessary after the injury. However, failure to use the employer’s preferred providers can impact a worker’s right to recover their medical expenses.
The state does not provide for a full recovery of wages. Instead, workers are entitled to two-thirds of their average weekly wage over the past year, which is often not enough to sustain people during their recovery. For most injuries, the absolute cap is 500 weeks’ worth of payments.
These payments help those whose disabilities prevent them from returning to work. People with permanent disabilities may be eligible for the maximum amount of compensation available.
Survivors of someone who dies from a workplace injury may be eligible to collect death benefits. These are generally much lower than what someone would receive in a personal injury lawsuit, because they are paid for a maximum of 500 weeks and are based on the worker’s average weekly pay.
Many people do not understand what type of benefits may be available after a workplace injury, but a Greenville lawyer could help them understand workers’ compensation benefits.
Attorneys are not necessary for all workers’ compensation claims. The employer’s insurer may handle simple claims offering workers the benefits designated by the law, but when the claim is complex or contested, an employee may need a lawyer’s help.
The more extensive the injury, the greater the likelihood the employer’s insurer or preferred medical providers may disagree with other medical professionals regarding necessary care. When an employee does not believe their recommended care is adequate to treat their injuries, they may need a lawyer to help them get coverage for treatment by a doctor of their choosing.
Other instances where a person may need a lawyer’s help include the denial of claims, the appeals process, or challenging a return to work order. A Greenville attorney who handles workers’ compensation benefits could offer assistance with appeals.
While workers’ comp is supposed to simplify payments for workplace injuries, sometimes it is not straightforward. In those instances, you may need an attorney to help you get the benefits you deserve. Set up a consultation with a lawyer who can explain your rights and obligations related to workers’ compensation benefits in Greenville.
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