Are you considering filing a workers’ compensation claim in Columbia, South Carolina? If so, you probably have some questions, which we hope to address in this post. Here, we provide a basic explanation of how workers’ compensation works in South Carolina.
Workers’ compensation is a no-fault system, which means injured or ill workers can file a claim regardless if they are partially or fully to blame for their accident, with the exception of accidents that are intentional or arise out of substance abuse.
Once a worker files a claim under their employer’s workers’ compensation insurance, the worker cannot file a separate lawsuit against their employer for further damages – that’s an aspect of the no-fault system.
Employers CANNOT fire their workers for filing workers’ compensation claims. That is against the law and if you’re afraid of filing a claim for this reason, there are laws that protect you. So, please don’t be afraid to file a claim for the benefits you deserve.
Reporting Your Injury
Workers’ compensation covers workers who were injured or killed in a workplace accident, but it also covers workers who become ill with occupational diseases due to exposure to toxic substances on the job.
If you are injured at work or discover that you have an occupational disease, inform your employer immediately and ask for medical treatment. If you fail to report your injury within 90 days of the workplace accident, you could lose your right to file a claim permanently. While you have only 90 days to report the injury, you actually have up to two years to file a workers’ compensation claim.
Note: If a worker dies as a result of their work-related injuries or occupational disease, the worker’s dependents have up to two years of the death to file a claim and if the worker has no spouse or children, the worker’s parents have to file a claim within two years of their son or daughter’s death.
What am I entitled to?
- All necessary medical treatment, including surgery, prosthetics, and prescriptions.
- Benefits at a rate of 66 2/3 percent of your average wage before the injury.
- You must wait 7 days before you can receive benefits. If you miss work for more than 14 days, you will be compensated for the first seven days.
Looking for a Columbia personal injury attorney to help you file a workers’ compensation claim? Contact our firm to schedule a free case evaluation!