If you get injured at work, it’s essential to report the incident to your employer as soon as possible. You may need to fill out an incident report, accident report, or other relevant paperwork to officially document your injury. Always keep copies of any documents you complete or sign. If you have any concerns or questions about your workers’ compensation claim, contact the Stanley Law Firm. We are happy to review your situation and provide compassionate and confidential assistance to help you navigate the process.
Your employer, or their workers’ compensation insurance carrier, has the right to choose a medical provider for you. If you choose to go to your own doctor, the treatment may not be covered by workers’ compensation.
You cannot be terminated specifically for filing a SC Workers’ Compensation claim. However, South Carolina is a right-to-work state. This means that you can leave your job for any reason or no reason, but it also means that employers have broad discretion to terminate you so long as they do not do so for an illegal reason.
Typically, the weekly benefit for time off work due to an injury is calculated based on your average weekly wage at the time of the injury. The compensation rate is generally two-thirds of this average weekly wage. The method for calculating this average can vary, especially if you have not been employed by the company for a full year before the injury.
Each workers’ compensation claim is unique, and comparing them isn’t helpful. It’s natural to hope for a significant award or additional compensation for pain and suffering, especially with expectations shaped by advertisements and stories you’ve heard. However, workers’ compensation benefits are meant to support your return to work and compensate for your injury. These benefits do not cover “pain and suffering” as commonly understood. Instead, workers’ compensation provides payments for disabilities directly related to work, based on an impairment rating or loss of earning capacity.
Workers’ compensation claims are all different and can vary significantly in the time it takes to resolve them. The process is largely determined by the medical treatment you receive and how quickly your body recovers from the injury. Like any system, it can sometimes be slower than anticipated, with potential delays, denials, appeals, or other challenges. Our goal at the Stanley Law Firm is to guide our clients through these obstacles to achieve the best possible outcomes as efficiently as possible.
Workers’ compensation provides payments if you are unable to work, cannot perform your usual hours, or are limited in your job duties due to your injury. If a medical provider advises you to stay out of work and you remain out for more than seven days, you are entitled to receive weekly compensation. Although these benefits may take some time to begin, they should continue regularly as long as you are unable to work.
Compensation for your injuries is typically issued after you are released from medical treatment at the conclusion of your claim. Most workers’ compensation claims are resolved either through a settlement agreement or by a hearing before a workers’ compensation commissioner or judge. The process of settling claims can vary and, unfortunately, does not have a set timeline.
Before filing a workers’ compensation claim in South Carolina, it’s crucial to understand the legal process. Many workers who suffer injuries on the job are unaware of the rights they possess, leading them to miss out on the protections provided by South Carolina law. If you’re uncertain about your rights, reach out to our firm today for a free consultation.
